McCain Foods (Aust) Pty Ltd

[2021] FWCA 7080

[2021] FWCA 7080

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

McCain Foods (Aust) Pty Ltd
(AG2021/8499)

MCCAIN FOOD (AUST) PTY LIMITED TASMANIA ENTERPRISE UNION COLLECTIVE AGREEMENT 2021

Food, beverages and tobacco manufacturing industry
COMMISSIONER O'NEILL	MELBOURNE, 13 DECEMBER 2021

Application for approval of the McCain Food (Aust) Pty Limited Tasmania Enterprise Union Collective Agreement 2021

[1] McCain Foods (Aust) Pty Ltd has applied for approval of an enterprise agreement known as the McCain Food (Aust) Pty Limited Tasmania Enterprise Union Collective Agreement 2021 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) and is a single enterprise agreement.

[2] The Notice of Employee Representational Rights (NERR) was initially distributed to employees a considerable time before the notification time for the Agreement on 2 November 2021. However, I am satisfied that the Agreement would have been genuinely agreed to but for the minor procedural departure from the requirements of ss.173(3) and (4) of the Act, and that the employees covered by the Agreement were not likely to have been disadvantaged by this error. Accordingly. I exercise my discretion conferred by s.188(2) of the Act.

[3] 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.

[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 is approved and, in accordance with s.54 of the Act, will operate from 20 December 2021. The nominal expiry date of the Agreement is 29 February 2024.

COMMISSIONER

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