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

[2018] FWCA 4170

[2018] FWCA 4170

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

McCain Foods (Aust) Pty Ltd T/A McCain Foods
(AG2018/1266)

MCCAIN FOODS (AUST) PTY LTD., TASMANIA ENTERPRISE UNION COLLECTIVE AGREEMENT 2018

Food, beverages and tobacco manufacturing industry
DEPUTY PRESIDENT MASSON	MELBOURNE, 16 JULY 2018

Application for approval of the McCain Foods (Aust) Pty Ltd., Tasmania Enterprise Union Collective Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the McCain Foods (Aust) Pty Ltd., Tasmania Enterprise Union Collective 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.

[2] The Applicant 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.

[3] 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.

[4] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) and 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 wish the Agreement to cover them. In accordance with s.201(2) I note that the Agreement covers the organisations.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 23 July 2018. The nominal expiry date of the Agreement is 28 February 2021.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

<AE429199  PR609012>

Annexure A

12 July 2018

Fair Work Commission

McCain Foods (Aust) Pty Ltd

(ABN 96 000 629 587)

PO Box 105 Wendouree Vic 3355 Australia

Telephone [phone]

Employer Undertakings

McCain Foods (Aust) Pty Ltd Tasmania Enterprise Union Collective Agreement

2018

I confirm that the Employer provides the following undertakings in relation to the above Enterprise Agreement and consents to the undertakings being attached to, and forming part of the Agreement document upon approval by the Fair Work Commission.

1. Dispute settlement procedure – clause 18

The dispute settlement procedure can be used for the settlement of disputes in relation to the National Employment Standards (NES) and the agreement.

2. Carer’s Leave – clause 26

Employees accrue 10 days personal/carer’s leave per annum for full time employees, and pro rata for part time employees. There is no minimum or maximum amount of paid personal or carer's leave that can be taken at a time as per the National Employment Standards.

Errin Magee

Senior Human Resources Adviser