Foodmach Pty Ltd T/A Foodmach

[2024] FWCA 828

[2024] FWCA 828

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Foodmach Pty Ltd T/A Foodmach

(AG2024/328)

FOODMACH PTY LTD COLLECTIVE AGREEMENT 2023

Manufacturing and associated industries
DEPUTY PRESIDENT O’NEILL	MELBOURNE, 6 MARCH 2024

Application for approval of the Foodmach Pty Ltd Collective Agreement 2023

1. An application has been made for approval of an enterprise agreement known as the Foodmach Pty Ltd Collective Agreement 2023 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Foodmach Pty Ltd T/A Foodmach. The Agreement is a single enterprise agreement.

1. The Fair Work Legislation Amendment (Secure Jobs, Better Pay) Act 2022 (Cth) (Amending Act) made a number of changes to enterprise agreement approval processes in Part 2-4 of the Fair Work Act, that commenced operation on 6 June 2023.

1. Under transitional arrangements, amendments made by Part 14 of Schedule 1 to the Amending Act in relation to genuine agreement requirements for agreement approval applications apply where the notification time for the agreement was on or after 6 June 2023. The genuine agreement provisions in Part 2-4 of the Fair Work Act, as it was just before 6 June 2023, continue to apply in relation to agreement approval applications where the notification time for the agreement was before 6 June 2023. The notification time for the Agreement was before 6 June 2023. The Agreement was made on or after 6 June 2023.

1. I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

1. The application was not lodged within 14 days after the agreement was made. Pursuant to s.185(3)(b), in all the circumstances I consider it fair to extend the time for making the application to the date it was actually made.

1. The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU) and the Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union known as the Australian Manufacturing Workers’ Union (AMWU), being the bargaining representatives for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) I note that the Agreement covers the organisations. The CEPU and AMWU support approval of the Agreement.

1. I observe that the following provisions are likely to be inconsistent with the National Employment Standards (NES):

·           Clause 35

·           Clause 30.1

·           Clause 31.2

·           Clause 31.8

·           Clause 32.1

·           Clause 36.1.4

·           Clause 13.2.2

·           Clause 17.3

However, noting clause 7.2 of the Agreement, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

1. The Agreement is approved and, in accordance with s.54 of the Act, will operate from 13 March 2024. The nominal expiry date of the Agreement is 30 June 2026.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

<AE523743  PR772079>