FreshFood Management Services Pty Ltd T/A FreshFood Management Services Pty Ltd

[2017] FWCA 68

[2017] FWCA 68

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

FreshFood Management Services Pty Ltd T/A FreshFood Management Services Pty Ltd
(AG2016/7081)

FRESH FOOD 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 2016

Food, beverages and tobacco manufacturing industry
COMMISSIONER GREGORY	MELBOURNE, 6 JANUARY 2017

Application for approval of the FreshFood Management Services Pty Ltd as a wholly owned subsidiary of FreshFood 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 2016.

[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 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 2016 (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 T/A FreshFood Management Services Pty Ltd. The Agreement is a single enterprise agreement.

[2] The Applicant 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, 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), Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia and National Union of Workers 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) I note that the Agreement covers these organisations.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 13 January 2017. The nominal expiry date of the Agreement is 31 March 2019.

COMMISSIONER

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Annexure A