McCormick Foods Australia Pty Ltd T/A McCormick Australia

[2021] FWCA 3663

[2021] FWCA 3663

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

McCormick Foods Australia Pty Ltd T/A McCormick Australia
(AG2021/5609)

MCCORMICK FOODS AUSTRALIA AND UWU ENTERPRISE AGREEMENT 2021

Food, beverages and tobacco manufacturing industry
COMMISSIONER CIRKOVIC	MELBOURNE, 24 JUNE 2021

Application for approval of the McCormick Foods Australia and UWU Enterprise Agreement 2021.

[1] McCormick Foods Australia Pty Ltd T/A McCormick Australia (the Applicant) has made an application for approval of an enterprise agreement known as the McCormick Foods Australia and UWU Enterprise Agreement 2021 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act). The agreement is a single enterprise agreement.

[2] The matter was allocated to my Chambers on 18 June 2021.

[3] On 18 June 2021, my Chambers sent correspondence to the parties to seek clarification about aspects of the Agreement and invited the Applicant to address these matters.

[4] The concerns outlined with the Agreement were as follows:

● Whether clauses 30.1 regarding rates of annual leave accrual and 30.7 regarding payment of annual leave on termination were compliant with the National Employment Standard (NES), noting that clause 8 of the Agreement contained NES precedence clause.

[5] I received submissions addressing the above concerns from the Applicant on 22 June 2021 and I am satisfied that they have adequately explained and addressed the issues raised.

[6] The “United Workers’ Union”, 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) of the Act I note that the Agreement covers this organisation.

[7] I have sought the views of the bargaining representatives as to the concerns raised about the Agreement and the response to them from the Applicant, they have indicated they support and accept the response of the Applicant.

[8] I am satisfied that each of the requirements of ss.186, 187, 188 of the Act as are relevant to this application for approval have been met.

[9] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 days after the date of approval of the Agreement. The nominal expiry date is 31 December 2023.

COMMISSIONER

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