McCain Foods (Aust) Pty Ltd

[2016] FWCA 1527

[2016] FWCA 1527

The attached document replaces the document previously issued with the above code on 10 March 2016.

By inserting the year 2015 into the preamble

Rachael Jones

Member Assist

Dated 11 March 2016

[2016] FWCA 1527

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

McCain Foods (Aust) Pty Ltd
(AG2016/280)

MCCAIN FOODS (AUST) PTY. LTD., TASMANIAN ENTERPRISE UNION COLLECTIVE AGREEMENT 2015

Tasmania
COMMISSIONER ROE	MELBOURNE, 10 MARCH 2016

Application for approval of the McCain Foods (Aust) Pty. Ltd., Tasmanian Enterprise Union Collective Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the McCain Foods (Aust) Pty. Ltd., Tasmanian Enterprise Union Collective Agreement 2015 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by McCain Foods (Aust) Pty Ltd. The Agreement is a single enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[3] 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.

[4] 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.

[5] The Agreement was approved on 10 March 2016 and, in accordance with s.54, will operate from 17 March 2016. The nominal expiry date of the Agreement is 28 February 2018.

COMMISSIONER

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<Price code J, AE418167  PR577844>