Golden Cockerel Pty Ltd

[2019] FWCA 5547

[2019] FWCA 5547

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Golden Cockerel Pty Ltd
(AG2019/2477)

GOLDEN COCKEREL PTY LTD MAINTENANCE EMPLOYEES AGREEMENT 2018

Manufacturing and associated industries
DEPUTY PRESIDENT BOOTH	SYDNEY, 9 AUGUST 2019

Application for approval of the Golden Cockerel Pty Ltd Maintenance Employees Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Golden Cockerel Pty Ltd Maintenance Employees Agreement 2018 (Agreement). That application was made by Golden Cockerel Pty Ltd pursuant to s.185 of the Fair Work Act 2009 (Cth) (Act). The Agreement is a single-enterprise agreement.

[2] 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 the Agreement to cover them. In accordance with s.201(2) of the Act, and based on the statutory declarations provided by the AMWU and the CEPU, I note that the Agreement covers the AMWU and the CEPU.

[3] Golden Cockerel Pty Ltd has provided written undertakings. A copy of the undertakings is attached to the Agreement in Annexure A. I note that the AMWU and the CEPU have stated that they do not object to the wording of these undertakings. I am satisfied that these 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.

[4] 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.

[5] The Agreement was approved on 9 August 2019 and, in accordance with s.54 of the Act, will operate from 16 August 2019. The nominal expiry date of the Agreement is 30 January 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

<AE504815  PR711175>