Haigh Manufacturing (No 2) Pty Ltd T/A Haigh's Manufacturing

[2014] FWCA 7782

[2014] FWCA 7782

FAIR WORK COMMISSION

DECISION

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

Haigh Manufacturing (No 2) Pty Ltd T/A Haigh's Manufacturing
(AG2014/7781)

HAIGH'S MANUFACTURING ENTERPRISE AGREEMENT 2014

Food, beverages and tobacco manufacturing industry
SENIOR DEPUTY PRESIDENT O'CALLAGHAN	ADELAIDE, 3 NOVEMBER 2014

Application for approval of the Haigh's Manufacturing Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Haigh's Manufacturing Enterprise Agreement 2014 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Haigh's Manufacturing (No.2) Pty Ltd ATF Haigh Manufacturing Trust. The Agreement is a single-enterprise agreement.

[2] An undertaking has been provided in the following terms:

Clause 34.1 Annual Leave

For the purpose of the additional week of annual leave provided for in s.87(1)(b) of the Act, a shiftworker is a seven day shiftworker who is regularly rostered to work on Sundays and Public Holidays.”

[3] As a result, the above undertaking is taken to be a term of the Agreement. A full copy of advice provided by the employer is attached to the Agreement as Attachment 1.

[4] 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.

[5] 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) of the Act I note that the Agreement covers this organisation.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 11 November 2014. The nominal expiry date of the Agreement is 1 August 2017.

SENIOR DEPUTY PRESIDENT

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