McCormick Foods Australia Pty Ltd T/A McCormick Australia

[2021] FWCA 2106

[2021] FWCA 2106

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

McCormick Foods Australia Pty Ltd T/A McCormick Australia
(AG2021/4416)

MCCORMICK FOODS AUSTRALIA LOGISTICS AGREEMENT 2021

Food, beverages and tobacco manufacturing industry
COMMISSIONER HARPER-GREENWELL	MELBOURNE, 16 APRIL 2021

Application for approval of the McCormick Foods Australia Logistics Agreement 2021.

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

[2] 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.

[3] 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.

[4] 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) I note that the Agreement covers the organisation.

[5] The Agreement was approved on 16 April 2021 and, in accordance with s.54, will operate from 23 April 2021. The nominal expiry date of the Agreement is 31 December 2023.

COMMISSIONER

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