Hilton Foods Australia Pty Limited

[2019] FWCA 3135

[2019] FWCA 3135

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Hilton Foods Australia Pty Limited
(AG2019/15)

HILTON FOODS AUSTRALIA PTY LIMITED TRUGANINA VICTORIA AND THE AUSTRALASIAN MEAT INDUSTRY EMPLOYEES’ UNION AGREEMENT 2018

Meat Industry
DEPUTY PRESIDENT YOUNG	MELBOURNE, 8 MAY 2019

Application for approval of the Hilton Foods Australia Pty Limited Truganina Victoria Australia and The Australasian Meat Industry Employees’ Union Agreement 2018.

[1] Hilton Foods Australia Pty Limited (the Employer) has made an application for approval of an enterprise agreement known as Hilton Foods Australia Pty Limited Truganina Victoria and the Australasian Meat Industry Employees’ Union Agreement 2018 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement.

[2] The Employer has provided written undertakings. A copy of the undertakings is attached at Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and the undertakings will not result in substantial changes to the Agreement.

[3] Pursuant to s 205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[4] Subject to the undertakings referred to above, and on the basis of the material contained in the application, accompanying statutory declaration, and the further material provided by the Employer, 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 Australasian Meat Industry Employees Union, being a bargaining representative for the Agreement, has given notice under s 183 of the Act that it seeks to be covered by the Agreement. In accordance with s 201(2) and based on the statutory declaration provided by the organisation, I note that the Agreement covers the organisation.

[6] The Agreement was approved on 8 May 2019 and, in accordance with s 54, will operate from 15 May 2019. The nominal expiry date of the Agreement is 22 October 2021.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

<AE503313  PR708052>

Annexure A