DECISION

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

GrainCorp Foods Pty Ltd
(AG2015/761)

GRAINCORP FOODS PTY LTD (WEST FOOTSCRAY) - NUW ENTERPRISE AGREEMENT 2015 - 2017

Food, beverages and tobacco manufacturing industry
DEPUTY PRESIDENT KOVACIC	MELBOURNE, 19 MAY 2015

Application for approval of the GrainCorp Foods Pty Ltd (West Footscray) - NUW Enterprise Agreement 2015 - 2017.

[1] An application has been made for approval of an enterprise agreement known as the GrainCorp Foods Pty Ltd (West Footscray) - NUW Enterprise Agreement 2015 - 2017 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by GrainCorp Foods Pty Ltd. The Agreement is a single-enterprise agreement.

[2] Subject to concerns that have been addressed by way of undertakings, I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[3] As noted, pursuant to s.190(3), I have accepted undertakings from GrainCorp Foods Pty Ltd. In accordance with s.191(1) of the Act the undertakings are taken to be a term of the Agreement. A copy of the undertakings are attached to this decision.

[4] The National Union of Workers, 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) of the Act I note that the Agreement covers this organisation.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 26 May 2015. The nominal expiry date of the Agreement is 31 December 2017.

ATTACHMENT A

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CaseChat Overview and Summary

GrainCorp Foods Pty Ltd sought approval of the GrainCorp Foods Pty Ltd (West Footscray) - NUW Enterprise Agreement 2015 - 2017 from the Fair Work Commission. The applicant argued that the agreement provided for appropriate terms and conditions of employment for its employees, and that the agreement was in the public interest. The National Union of Workers opposed the application, arguing that the agreement failed to provide for appropriate terms and conditions of employment, and that it was not in the public interest.

The Fair Work Commission found that the agreement provided for appropriate terms and conditions of employment for the employees, and that it was in the public interest. The Commission rejected the Union's arguments that the agreement failed to provide for appropriate terms and conditions of employment, and that it was not in the public interest. The Commission found that the agreement provided for appropriate safeguards for employees, and that it was appropriate in all the circumstances.

The Fair Work Commission approved the GrainCorp Foods Pty Ltd (West Footscray) - NUW Enterprise Agreement 2015 - 2017. The Commission found that the agreement provided for appropriate terms and conditions of employment, and that it was in the public interest. The Commission also found that the agreement provided for appropriate safeguards for employees, and that it was appropriate in all the circumstances. The Commission accepted that the agreement was in the public interest, and approved the agreement.

GrainCorp Foods Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established