Manildra Energy Australia Pty Ltd
[2023] FWCA 1291
•5 MAY 2023
| [2023] FWCA 1291 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Manildra Energy Australia Pty Ltd
(AG2023/906)
MANILDRA BOMADERRY SITE AGREEMENT 2022
| Food, beverages and tobacco manufacturing industry | |
| DEPUTY PRESIDENT EASTON | SYDNEY, 5 MAY 2023 |
Application for approval of the Manildra Bomaderry Site Agreement 2022.
Manildra Energy Australia Pty Ltd (the Employer) has made an application for the approval of the Manildra Bomaderry Site Agreement 2022 (the Agreement). The application was made under s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.
The Employer has provided written undertakings, a copy of which are attached as Annexure A to this decision. The undertakings can be accepted under s.190 of the Act because I am satisfied that they will not cause financial detriment to any employee covered by the Agreement and will not result in substantial changes to the Agreement. The undertakings are taken to be a term of the agreement pursuant to s.191 of the Act.
Subject to the Employer’s undertakings, I am satisfied that each relevant requirement in sections 186, 187, 188 and 190 of the Act has 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.
“Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU), The Australian Workers’ Union (AWU), Australian Rail, Tram and Bus Industry Union (RTBU), Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU) were bargaining representatives for the Agreement and have given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) I note that the Agreement covers the AMWU, AWU, RTBU and CEPU.
The Agreement is approved and, in accordance with s.54 of the Act, will operate from 12 May 2023. The nominal expiry date of the Agreement is 30 March 2025.
DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer
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Annexure A
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