J.C.’s Quality Foods Pty Ltd

[2020] FWCA 6250

[2020] FWCA 6250

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

J.C.’s Quality Foods Pty Ltd
(AG2020/3207)

J.C.’S QUALITY FOODS PTY LTD (WAREHOUSE AND PRODUCTION) ENTERPRISE AGREEMENT 2019-2022

Food, beverages and tobacco manufacturing industry
DEPUTY PRESIDENT MANSINI	MELBOURNE, 23 NOVEMBER 2020

Application for approval of the J.C.’s Quality Foods Pty Ltd (Warehouse and Production) Enterprise Agreement 2019-2022.

[1] J.C.’s Quality Foods Pty Ltd has applied for approval of a single enterprise agreement known as the J.C.’s Quality Foods Pty Ltd (Warehouse and Production) Enterprise Agreement 2019-2022 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (Cth) (the Act).

[2] Since the application was made, the Commission raised concerns about the form of the application and whether the pre-approval requirements were met, the Agreement contravenes s.55 of the Act and contains the mandatory terms. Further information was provided in relation to these concerns.

[3] J.C.’s Quality Foods Pty Ltd sought to correct a typographical error in the original application, by filing an amended application. In the circumstances, I am satisfied that the amendment should be allowed and that it is appropriate to do so pursuant to s.586 of the Act.

[4] The model consultation term prescribed by the Regulations is taken to be a term of the Agreement, pursuant to s.205(2) of the Act.

[5] Noting clause 5 of the Agreement and the further information provided, I am satisfied that the Agreement is to be read in conjunction with the National Employment Standards in the Act (NES) and the NES will prevail where there is an inconsistency between the Agreement and the NES.

[6] On the basis of the material contained in the application and related materials, I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

[7] The United Workers’ Union, being a bargaining representative for the Agreement, has given notice under s.183 of the Act. In accordance with s.201(2), I note that the Agreement covers this organisation.

[8] The Agreement was approved on 23 November 2020 and, in accordance with s.54, will operate from 30 November 2020. The nominal expiry date of the Agreement is 31 August 2022.

DEPUTY PRESIDENT

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