McCain Foods (Aust) Pty Ltd

[2013] FWCA 9336

[2013] FWCA 9336

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

McCain Foods (Aust) Pty Ltd
(AG2013/9700)

MCCAIN FOODS (AUST) PTY. LTD., TASMANIAN ENTERPRISE UNION COLLECTIVE AGREEMENT 2012

Food, beverages and tobacco manufacturing industry
DEPUTY PRESIDENT KOVACIC	MELBOURNE, 27 NOVEMBER 2013

Application for approval of the McCain Foods (Aust) Pty. Ltd., Tasmanian Enterprise Union Collective Agreement 2012.

[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 2012 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by McCain Foods (Aust) Pty Ltd. The Agreement is a single-enterprise agreement.

[2] Subject to concerns that have been addressed by way of undertakings, I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[3] As noted, pursuant to s.190(3), I have accepted undertakings from McCain Foods (Aust) Pty Ltd. In accordance with s.191(1) of the Act the undertakings are taken to be a term of the Agreement. A copy of the undertakings are attached to this decision.

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

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 4 December 2013. The nominal expiry date of the Agreement is 30 November 2014.

DEPUTY PRESIDENT

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