McCain Foods (Aust) Pty Ltd

[2023] FWCA 592

[2023] FWCA 592

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

McCain Foods (Aust) Pty Ltd

(AG2023/284)

McCain Foods (Aust) Pty Ltd Ballarat Production Enterprise Agreement 2022

Food, beverages and tobacco manufacturing industry
COMMISSIONER CIRKOVIC	MELBOURNE, 23 FEBRUARY 2023

Application for approval of the McCain Foods (Aust) Pty Ltd Ballarat Production Enterprise Agreement 2022

1. An application has been made for approval of an enterprise agreement known as the McCain Foods (Aust) Pty Ltd Ballarat Production Enterprise Agreement 2022 (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.

1. The matter was allocated to my Chambers on 20 February 2023.

1. On 20 February 2023, my Chambers sent correspondence to the parties seeking to address concerns with certain aspects of the Agreement and invited the parties to address these matters. The concerns were as follows:

• The signature page on the Agreement did not meet the requirements prescribed by regulation 2.06A of the Fair Work Regulations 2009. I sought an amended signature page.

• The application and accompanying documents did not provide significant detail as to what steps were taken by the employer to notify the relevant employees of the place, time, and method of vote to approve the Agreement. I sought further information regarding these matters.

1. On 22 February 2023, the employer filed an amended signature page and a further statutory declaration of Sandra Sikora, Senior HR Business Partner, which detailed the steps taken by the employer to notify the relevant employees of the place, time, and method of the vote.

1. 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.

1. 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.

1. The Agreement was approved on 23 February 2023 and, in accordance with s.54, will operate from 2 March 2023. The nominal expiry date of the Agreement is 30 June 2025.

COMMISSIONER

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