Corvina Foods Pty Ltd

[2019] FWCA 7536

[2019] FWCA 7536

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Corvina Foods Pty Ltd
(AG2019/3741)

CORVINA QUALITY FOODS ENTERPRISE AGREEMENT 2019

Food, beverages and tobacco manufacturing industry
DEPUTY PRESIDENT MANSINI	MELBOURNE, 20 DECEMBER 2019

Application for approval of the Corvina Quality Foods Enterprise Agreement 2019.

[1] Corvina Foods Pty Ltd has applied for approval of a single enterprise agreement known as the Corvina Quality Foods Enterprise Agreement 2019 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (Cth) (the Act).

[2] Since the application was made, the Commission raised concerns about whether the Agreement contravenes s.55 of the Act and passes the “better off overall” test. Further information was provided in relation to these concerns.

[3] Written undertakings were given in accordance with s.190 of the Act (attached at Annexure A) (Undertakings). The union bargaining representative confirmed that the Undertakings resolved its concerns and the Undertakings were not otherwise opposed. I am satisfied that the Undertakings will not cause financial detriment to any employee covered by the Agreement and that the Undertakings will not result in substantial changes to the Agreement. Pursuant to s.201(3) of the Act, the Undertakings are taken to be terms of the Agreement.

[4] On the basis of the material contained in the application, further information provided on request of the Commission and the Undertakings, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[5] The United Workers’ Union (formerly National Union of Workers), being a bargaining representative for the Agreement, has given notice under s.183 of the Act. In accordance with s.201(2) I note that the Agreement covers this organisation.

[6] The Agreement was approved on 20 December 2019 and, in accordance with s.54, will operate from 27 December 2019. The nominal expiry date of the Agreement is 30 June 2022.

[7] For the purposes of publication, the signature pages of the Agreement have been redacted in part, for confidentiality and as the enterprise agreement when made did not contain the redacted details. 1

DEPUTY PRESIDENT

Annexure A

 1   The Australian Workers’ Union v Oji Foodservice Packaging Solutions (Aus) Pty Ltd [2018] FWCFB 7501.

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