Dollar Sweets Company Pty Ltd

[2019] FWCA 4437

[2019] FWCA 4437

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Dollar Sweets Company Pty Ltd
(AG2019/1580)

DOLLAR SWEETS COMPANY PTY LTD ENTERPRISE AGREEMENT 2018

Food, beverages and tobacco manufacturing industry
DEPUTY PRESIDENT YOUNG	MELBOURNE, 26 JUNE 2019

Application for approval of the Dollar Sweets Company Pty Ltd Enterprise Agreement 2018.

[1] Dollar Sweets Company Pty Ltd (the Employer) has made an application for approval of an enterprise agreement known as Dollar Sweets Company Pty Ltd Enterprise Agreement 2018 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement.

[2] The Employer has provided a written undertaking. A copy of the undertaking is attached at Annexure A. I am satisfied that the undertaking will not cause financial detriment to any employee covered by the Agreement and the undertaking will not result in substantial changes to the Agreement.

[3] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[4] Subject to the undertaking referred to above, and on the basis of the material contained in the application, and the accompanying statutory declaration, I am satisfied that each of the requirements of ss186, 187, 188 and 190 as are relevant to this application for approval have been met.

[5] The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it seeks to be covered by the Agreement. In accordance with s.201(2) and based on the statutory declarations provided by the organisation, I note that the Agreement covers the organisation.

[6] The Agreement was approved on 26 June 2019 and, in accordance with s.54, will operate from 3 July 2019. The nominal expiry date of the Agreement is 17 November 2021.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

<AE504131  PR709731>

Annexure A