McCain Foods (Aust) Pty Ltd

Case

[2024] FWCA 1419

18 APRIL 2024


[2024] FWCA 1419

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

McCain Foods (Aust) Pty Ltd

(AG2024/969)

MCCAIN FOODS (AUST) PTY LIMITED TASMANIA ENTERPRISE UNION COLLECTIVE AGREEMENT 2024

Food, beverages and tobacco manufacturing industry

COMMISSIONER TRAN

MELBOURNE, 18 APRIL 2024

Application for approval of the McCain Foods (Aust) Pty Limited Tasmania Enterprise Union Collective Agreement 2024

  1. McCain Foods (Aust) Pty Ltd has applied for approval of an enterprise agreement known as the McCain Foods (Aust) Pty Limited Tasmania Enterprise Union Collective Agreement 2024 (the Agreement) under s 185 of the Fair Work Act 2009 (the Act).

  1. The Agreement is a single enterprise agreement.

  1. The Employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement. The undertakings are taken to be a term of the Agreement.

  1. Subject to the undertakings referred to above, 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.

  1. The following unions, being bargaining representatives for the Agreement, have given notice under s 183 of the Act that each organisation wants the Agreement to cover it:

-the Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union known as the Australian Manufacturing Workers’ Union (AMWU); and

-the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU).

  1. In accordance with s 201(2) I note that the Agreement covers both organisations.

  1. The Agreement is approved and, in accordance with s 54 of the Act, will operate from 25 April 2024.

  1. In accordance with Clause 4 of the Agreement, the nominal expiry date of the Agreement is 28 February 2027.


COMMISSIONER

Printed by authority of the Commonwealth Government Printer

<AE524292  PR773696>

Annexure A

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