Kerry Ingredients Australia Pty Limited

[2015] FWCA 6066

[2015] FWCA 6066

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Kerry Ingredients Australia Pty Limited
(AG2015/3529)

KERRY INGREDIENTS AUSTRALIA PTY LIMITED AND NATIONAL UNION OF WORKERS (NATHAN SITE) ENTERPRISE AGREEMENT 2015 - 2017

Food, beverages and tobacco manufacturing industry
DEPUTY PRESIDENT KOVACIC	MELBOURNE, 3 SEPTEMBER 2015

Application for approval of the Kerry Ingredients Australia Pty Limited and National Union of Workers (Nathan Site) Enterprise Agreement 2015 - 2017.

[1] An application has been made for approval of an enterprise agreement known as the Kerry Ingredients Australia Pty Limited and National Union of Workers (Nathan Site) Enterprise Agreement 2015 - 2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Kerry Ingredients Australia Pty Limited. The Agreement is a single enterprise agreement.

[2] Subject to concerns that have been addressed by way of undertakings, 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.

[3] As noted, pursuant to s.190(3), I have accepted undertakings from Kerry Ingredients Australia Pty Limited. In accordance with s.191(1) of the Act the undertakings are taken to be a term of the Agreement. A copy of the undertakings are attached to this decision.

[4] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] The National Union of Workers 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) I note that the Agreement covers the organisation.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 10 September 2015. The nominal expiry date of the Agreement is 30 April 2017.

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ATTACHMENT A