Fyna Foods (Vic) Pty Ltd
[2022] FWCA 3339
•27 SEPTEMBER 2022
| [2022] FWCA 3339 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Fyna Foods (Vic) Pty Ltd
(AG2022/3864)
Fyna Foods (Vic) Pty Ltd Enterprise Agreement 2022- 2025
| Food, beverages and tobacco manufacturing industry | |
| DEPUTY PRESIDENT BELL | MELBOURNE, 27 SEPTEMBER 2022 |
Application for approval of the Fyna Foods (Vic) Pty Ltd Enterprise Agreement 2022- 2025.
An application has been made for approval of an enterprise agreement known as the Fyna Foods (Vic) Pty Ltd Enterprise Agreement 2022- 2025 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by Fyna Foods (Vic) Pty Ltd. The Agreement is a single enterprise agreement.
Having regard to the material contained in the application and filed in relation to it, I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met. The Agreement does not cover all of the employees of the employer. However, taking into account the factors in sections 186(3) and (3A), I am satisfied that the group of employees was fairly chosen.
The title of the Agreement in the Notice of Employee Representational Rights was different to the title clause in the proposed Agreement. Nevertheless, in the circumstances, I am satisfied that this constitutes a minor procedural or technical error for the purposes of s.188(2)(a). Further, I am satisfied that the employees covered by the agreement were not likely to have been disadvantaged by the error. As a result, I am satisfied that the Agreement has been genuinely agreed within the meaning of s.188(2) of the Act.
Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.
The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers' Union (AMWU), being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2), I note that the Agreement covers the organisation.
The Agreement was approved on 27 September 2022 and, in accordance with s.54, will operate from 4 October 2022. The nominal expiry date of the Agreement is 1 July 2025.
DEPUTY PRESIDENT
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