FreshFood Management Services Pty Ltd T/A FreshFood Management Services Pty Ltd
[2023] FWCA 214
•20 JANUARY 2023
| [2023] FWCA 214 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
FreshFood Management Services Pty Ltd T/A FreshFood Management Services Pty Ltd
(AG2022/5452)
APPLICATION FOR APPROVAL OF THE FRESHFOOD MANAGEMENT SERVICES PTY LTD AS A WHOLLY OWNED SUBSIDIARY OF FRESHFOOD AUSTRALIA HOLDINGS PTY LTD & THE UNITED WORKERS UNION, THE AUSTRALIAN MANUFACTURING WORKERS UNION & THE COMMUNICATIONS, ELECTRICAL, ELECTRONIC, ENERGY, INFORMATION, POSTAL, PLUMBING AND ALLIED SERVICES UNION OF AUSTRALIA ENTERPRISE AGREEMENT 2022
| Food, beverages and tobacco manufacturing industry | |
| DEPUTY PRESIDENT DOBSON | BRISBANE, 20 JANUARY 2023 |
Application for approval of the FreshFood Management Services Pty Ltd as a wholly owned subsidiary of FreshFood Australia Holdings Pty Ltd & The United Workers Union, The Australian Manufacturing Workers Union & The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia Enterprise Agreement 2022
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 United Workers Union, The Australian Manufacturing Workers Union & The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia Enterprise Agreement 2022 (the Agreement). The Application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Freshfood Management Services Pty Ltd (the Applicant). The Agreement is a single enterprise agreement.
The Applicant has provided written undertakings. 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.
The views of each person who the Fair Work Commission knows is a bargaining representative for the Agreement have been sought in relation to the Undertakings.
Pursuant to s.190(3) of the Act, I accept the undertakings.
Subject to the undertakings referred to above, I am satisfied that each requirement of ss186, 187 and 188 as are relevant to this application for approval have been met. The undertakings are taken to be a term of the Agreement.
Noting the undertakings provided, clause 7.5 of the Agreement, and on the basis of the materials before the Commission, I am satisfied that the more beneficial entitlements of the NES in the Act will prevail where there is an inconsistency between the Agreement and the NES.
The Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union (AMWU), the United Workers Union (UWU) and the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia – Electrical Energy and Services Division (CEPU) have all lodged a Form F18 statutory declaration giving 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 the Agreement covers the AMWU, UWU and CEPU.
The Agreement is approved and will operate in accordance with s.54 of the Act. The nominal expiry date of the Agreement is 31 March 2025.
DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer
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