Foodmach Pty Ltd T/A Foodmach

[2021] FWCA 6080

[2021] FWCA 6080

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Foodmach Pty Ltd T/A Foodmach
(AG2021/7516)

FOODMACH PTY LTD COLLECTIVE AGREEMENT 2021

Manufacturing and associated industries
COMMISSIONER CIRKOVIC	MELBOURNE, 30 SEPTEMBER 2021

Application for approval of the Foodmach Pty Ltd Collective Agreement 2021.

[1] Foodmach Pty Ltd (the Applicant) has made an application for approval of an enterprise agreement known as the Foodmach Pty Ltd Collective Agreement 2021 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act). The agreement is a single enterprise agreement.

[2] The matter was allocated to my Chambers on 28 September 2021.

[3] On 28 September 2021, my Chambers sent correspondence to the parties seeking to address concerns with certain aspects of the Agreement and invited the parties to address these matters. The concerns were as follows:

•  Chambers sought additional information concerning agreement pre-approval requirements including, notice emails sent to employees, provision of agreement/incorporated materials and agreement explanation.

•  The parties were notified that that should the Agreement be approved, the approval decision will note that the Agreement will commence 7 days following approval pursuant to s.54(1)(a) of the Act as opposed to the commencement date in clause 5 of the Agreement.

•  Clauses 9.3: public holidays, 13.2.2: deduction, 17.3: termination, 30.1: annual leave, 31.1, 31.8 and 31.9: personal/carer’s leave, 35: parental leave and 50: family/domestic violence leave, were inconsistent with the National Employment Standards (NES) however the NES precedence term at clause 7.2 of the Agreement is deemed to resolve these concerns.

[4] The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) and the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU) being 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) of the Act I note that the Agreement covers these organisations.

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

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 days after the date of approval of the Agreement. The nominal expiry date is 30 June 2023.

COMMISSIONER

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