GrainCorp Operations Ltd (Integro Foods Australia Ltd)

[2013] FWCA 5275

[2013] FWCA 5275

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

GrainCorp Operations Ltd (Integro Foods Australia Ltd)
(AG2013/7114)

GRAINCORP OPERATIONS LTD (INTEGRO FOODS AUSTRALIA) TRANSPORT EMPLOYEES ENTERPRISE AGREEMENT - 2013 - 2016

Road transport industry
COMMISSIONER ROBERTS	SYDNEY, 2 AUGUST 2013

Application for approval of the GrainCorp Operations Ltd (Integro Foods Australia) Transport Employees Enterprise Agreement - 2013-2016.

[1] An application has been made for approval of an enterprise agreement known as the GrainCorp Operations Ltd (Integro Foods Australia) Transport Employees Enterprise Agreement - 2013 - 2016 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by GrainCorp Operations Ltd (Integro Foods Australia Ltd) (the Company). The Agreement is a single-enterprise agreement.

[2] The Agreement was not lodged within 14 days after it was made. Pursuant to s.185(3)(b) of the Act I consider it fair to extend the time for making this application to the actual date of lodgement.

[3] On 30 July 2013 undertakings were provided by Mr N Leedings, the Company’s Operations Manager, in relation to meal allowance and annual leave provisions. Pursuant to s.190 of the Act, I accept the undertakings of the Company. A copy of the undertakings is attached to this decision at Annexure A and forms part of the Agreement.

[4] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as is relevant to this application for approval has been met.

[5] The Transport Workers’ Union of Australia, being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wishes to be covered by the Agreement. In accordance with s.201(2) of the Act, I note that the Agreement covers that organisation.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 9 August 2013. The nominal expiry date will be 31 March 2016.

COMMISSIONER

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Annexure A