Jalna Dairy Foods Pty Ltd
[2022] FWCA 2401
•18 JULY 2022
| [2022] FWCA 2401 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Jalna Dairy Foods Pty Ltd
(AG2022/2287)
Jalna Dairy Foods Pty Ltd Enterprise Agreement 2022-2025
| Food, beverages and tobacco manufacturing industry | |
| DEPUTY PRESIDENT YOUNG | MELBOURNE, 18 JULY 2022 |
Application for approval of the Jalna Dairy Foods Pty Ltd Enterprise Agreement 2022-2025
Jalna Dairy Foods Pty Ltd (the Employer) has made an application for approval of an enterprise agreement known as the Jalna Dairy Foods Pty Ltd Enterprise Agreement 2022-2025 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement.
The copy of the Notice of Employee Representational Rights (NERR) provided to employees referred to the Agreement as the Jalna Dairy Foods Pty Ltd Enterprise Agreement but omitted the dates in the Agreement title. The Employer provided submissions as to this error on 14 July 2022. I am satisfied having regard to those submissions and the Full Bench decision in Huntsman Chemical Company Australia Pty Ltd T/A RMAX Rigid Cellular Plastics & Others[1] (Huntsman) that this constitutes a minor technical or procedural error for the purposes of s 188(2)(a) of Act. Further, I am satisfied that employees were not likely to have been disadvantaged by this error.
Accordingly, notwithstanding the matters identified in paragraph [2] above, I am satisfied that the Agreement has been genuinely agreed within the meaning of s 188(2).
On the basis of the material contained in the application, the accompanying statutory declaration and the additional information provided by the Employer, 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.
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.
The United Workers’ 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.
The Agreement was approved on 18 July 2022 and, in accordance with s 54, will operate from 25 July 2022. The nominal expiry date of the Agreement is 30 June 2025.
DEPUTY PRESIDENT
[1] [2019] FWCFB 318
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