Makmur Enterprises Pty Ltd

Case

[2022] FWCA 4024

17 NOVEMBER 2022


[2022] FWCA 4024

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Makmur Enterprises Pty Ltd

(AG2022/4659)

Makmur Enterprises Pty Ltd Enterprise Agreement 2022

Food, beverages and tobacco manufacturing industry

DEPUTY PRESIDENT DEAN

CANBERRA, 17 NOVEMBER 2022

Application for approval of the Makmur Enterprises Pty Ltd Enterprise Agreement 2022.

  1. An application has been made for approval of an enterprise agreement known as the Makmur Enterprises Pty Ltd Enterprise Agreement 2022 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Makmur Enterprises Pty Ltd. The Agreement is a single enterprise agreement.

  1. 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.

  2. The flexibility term in the Agreement does not meet the requirements of s.203 of the Act. 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.

  1. The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU), 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.

  1. The Agreement is approved and, in accordance with s.54 of the Act, will operate from 24 November 2022. The nominal expiry date of the Agreement is 31 August 2024.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

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