Mackay Casings Pty Ltd

[2017] FWCA 5679

[2017] FWCA 5679

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Mackay Casings Pty Ltd
(AG2017/3032)

MACKAY CASINGS PTY LTD AND THE AUSTRALASIAN MEAT INDUSTRY EMPLOYEES’ UNION VICTORIAN MEAT PROCESSING AGREEMENT 2017

Meat Industry
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 31 OCTOBER 2017

Application for approval of the Mackay Casings Pty Ltd and the Australasian Meat Industry Employees’ Union Victorian Meat Processing Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Mackay Casings Pty Ltd and the Australasian Meat Industry Employees’ Union Victorian Meat Processing Agreement 2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Mackay Casings Pty Ltd. The agreement is a single enterprise agreement.

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

[3] Subject to the undertakings referred to above, and on the basis of the material contained in the application and accompanying statutory declaration, 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.

[4] 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.

[5] 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.

[6] The Australasian Meat Industry Employees Union 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) and based on the statutory declaration provided by the organisation, I note that the Agreement covers the organisation.

[7] The Agreement was approved on 31 October 2017 and, in accordance with s.54, will operate from 7 November 2017. The nominal expiry date of the Agreement is 1 July 2020.

DEPUTY PRESIDENT

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ANNEXURE A