DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Foodmach Pty Ltd
(AG2018/5060)

FOODMACH PTY LTD COLLECTIVE AGREEMENT 2018

Manufacturing and associated industries
DEPUTY PRESIDENT COLMAN	MELBOURNE, 8 FEBRUARY 2019

Application for approval of the Foodmach Pty Ltd Collective Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Foodmach Pty Ltd Collective Agreement 2018 (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. The agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. 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.

[3] Subject to the undertakings referred to above, and on the basis of the material contained in the application and accompanying statutory declaration, 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.

[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 to be covered by the Agreement. In accordance with s.201(2) and based on the statutory declaration provided by these organisations, I note that the Agreement covers these organisations.

[5] The Agreement was approved on 8 February 2019 and, in accordance with s.54, will operate from 15 February 2019. The nominal expiry date of the Agreement is 30 June 2021.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Foodmach Pty Ltd applied for the approval of the Foodmach Pty Ltd Collective Agreement 2018, which was made by the parties on 27 March 2018. The applicant was the employer, and the respondents were the trade unions involved. The application was heard in the Fair Work Commission. The legal issues before the Commission were whether the agreement was a genuine agreement, whether it complied with the provisions of the Fair Work Act 2009, and whether it was in the best interests of the employees. The Commission found that the agreement was a genuine agreement made by the parties, and that it complied with the provisions of the Act. The Commission also found that the agreement was in the best interests of the employees, as it provided for fair and reasonable terms and conditions of employment. The Commission approved the agreement and made an order accordingly. The order approved the Foodmach Pty Ltd Collective Agreement 2018, which was made by the parties on 27 March 2018, and registered the agreement with the Fair Work Commission.

Foodmach Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established