McCain Foods (Aust) Pty Ltd T/A McCain Foods

Case

[2018] FWCA 4864

17 AUGUST 2018


[2018] FWCA 4864

FAIR WORK COMMISSION

decision

Fair Work Act 2009

s.185—Enterprise agreement

McCain Foods (Aust) Pty Ltd T/A McCain Foods

(AG2018/3366)

McCain Foods (Aust) Lisarow Engineering Enterprise Agreement 2018

Manufacturing and associated industries

Deputy President Colman

MELBOURNE, 17 AUGUST 2018

Application for approval of the McCain Foods (Aust) Lisarow Engineering Enterprise Agreement 2018.

  1. An application has been made for approval of an enterprise agreement known as the McCain Foods (Aust) Lisarow Engineering Enterprise Agreement 2018 (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 T/A McCain Foods. 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.

  1. Subject to the undertakings referred to above, and on the basis of the material contained in the application and accompanying statutory declaration, 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 “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 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) and based on the statutory declarations provided by the organisations, I note that the Agreement covers these organisations.

  1. The Agreement was approved on 17 August 2018 and, in accordance with s.54, will operate from 24 August 2018. The nominal expiry date of the Agreement is 31 August 2020.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

<AE429602  PR610153>

Annexure A

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