Mars Australia Pty Ltd T/A Mars Petcare Australia

[2014] FWCA 7677

[2014] FWCA 7677

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Mars Australia Pty Ltd T/A Mars Petcare Australia
(AG2014/9339)

MARS PETCARE AUSTRALIA WODONGA RELIABILITY ENTERPRISE AGREEMENT 2014

Manufacturing and associated industries
COMMISSIONER RYAN	MELBOURNE, 30 OCTOBER 2014

Application for approval of the Mars Petcare Australia Wodonga Reliability Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Mars Petcare Australia Wodonga Reliability Enterprise Agreement 2014 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) and was made by Mars Australia Pty Ltd T/A Mars Petcare Australia. The agreement is a single-enterprise agreement.

[2] The Agreement as filed contains two errors which were brought to the attention of the Applicant’s representative. The Applicant’s representative wrote to the Commission requesting that these errors be corrected as administrative errors. The Applicant was requested to file an amended version of the Agreement. Pursuant to s.586 of the Act, I accept the amended version of the Agreement as filed by the Applicant’s representative on 29 October 2014 as the version of the Agreement which I now approve.

[3] An undertaking has been given in relation to clause of the Agreement and this undertaking has become a term of the Agreement in accordance with s.191(1) of the Act and is appended at Appendix A.

[4] I am satisfied that each of the requirements of ss186, 187 and 188 as are relevant to this application for approval have been met.

[5] The Agreement does not contain any wages rates. The wage rates were filed by the Applicant’s representative at the request of the Commission in order to properly assess the Agreement. The Applicant has requested that the wage rates remain confidential. As such the wage rates will not published with this decision but are retained on the file by the Commission.

[6] The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU), The Australian Workers’ Union (AWU) and the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU), being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover them. As required by s.201(2) I note that the Agreement covers the AMWU, the AWU and CEPU.

[7] The Agreement is approved and, in accordance with s.54(1), will operate from 6 November 2014. The nominal expiry date of the Agreement is 30 June 2017.

COMMISSIONER

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APPENDIX A