FreshFood Management Services Pty Ltd

[2015] FWCA 4632

[2015] FWCA 4632

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

FreshFood Management Services Pty Ltd
(AG2015/3075)

FRESHFOOD MANAGEMENT SERVICES PTY LTD AS A WHOLLY OWNED SUBSIDIARY OF FRESHFOOD AUSTRALIA HOLDINGS PTY LTD & THE NATIONAL UNION OF WORKERS, THE AUSTRALIAN MANUFACTURING WORKERS UNION & THE COMMUNICATIONS, ELECTRICAL, ELECTRONIC, ENERGY, INFORMATION, POSTAL, PLUMBING AND ALLIED SERVICES UNION OF AUSTRALIA ENTERPRISE AGREEMENT 2014

Food, beverages and tobacco manufacturing industry
DEPUTY PRESIDENT LAWRENCE	SYDNEY, 9 JULY 2015

Application for approval of the FreshFood Management Services Pty Ltd as a wholly owned subsidiary of FreshFood Australia Holdings Pty Ltd & The National Union of Workers, The Australian Manufacturing Workers Union & The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing, and Allied Services Union of Australia Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the FreshFood Management Services Pty Ltd as a wholly owned subsidiary of FreshFood Australia Holdings Pty Ltd & The National Union of Workers, The Australian Manufacturing Workers Union & The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing, and Allied Services Union of Australia Enterprise Agreement 2014 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The agreement is a single-enterprise agreement.

[2] The Agreement was not lodged within 14 days after it was made. Pursuant to s.185(3)(b) I consider it fair to extend the time for making this application.

[3] I am satisfied that each of the requirements of ss186, 187 and 188 as are relevant to this application for approval have been met.

[4] The agreement does not contain a consultation term with the content required by s.205(1) and (1A). Accordingly, in accordance with s.205(2), the model consultation term contained in Schedule 2.3 of the Fair Work Regulations 2009 is taken to be a term of the agreement.

[5] The National Union of Workers, 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, being a bargaining representatives for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover them. As required by s.201(2) I note that the Agreement covers those organisations.

[6] The Agreement is approved. In accordance with s.54(1) it will operate from 16 July 2015. The nominal expiry date of the Agreement is 31 March 2016.

DEPUTY PRESIDENT

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