Monde Nissin (Australia) Pty Ltd T/A Menora Foods

[2016] FWCA 8296

[2016] FWCA 8296

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Monde Nissin (Australia) Pty Ltd T/A Menora Foods
(AG2016/5458)

MONDE NISSIN, NOBLE PARK SITE WAREHOUSE ENTERPRISE AGREEMENT 2016

Storage services
COMMISSIONER GREGORY	MELBOURNE, 18 NOVEMBER 2016

Application for approval of the Monde Nissin, Noble Park Site Warehouse Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Monde Nissin, Noble Park Site Warehouse Enterprise Agreement 2016 (the Agreement). The application was made under s.185 of the Fair Work Act 2009 (the Act) by Monde Nissin (Australia) Pty Ltd T/A Menora Foods. The Agreement is a single enterprise agreement.

[2] After reviewing the application, and the terms and conditions contained in the proposed Agreement, the Commission raised various issues to do with the notice of termination provisions, the part-time employment entitlements, and the flexible hours arrangements in Annexure 6. The Applicant has provided written undertakings in response. A copy of these undertakings is attached in Annexure A. I am satisfied they will not cause financial detriment to any employee covered by the Agreement or result in substantial changes to the Agreement. The undertakings are accordingly accepted and will now be taken to be a term of the Agreement, as provided for by s.191 of the act.

[3] I am otherwise satisfied that each of the requirements in ss.186, 187, 188 and 190, as are relevant to this application for approval, have been met.

[4] The National Union of Workers, 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 25 November 2016. The nominal expiry date of the Agreement is 30 June 2018.

COMMISSIONER

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Annexure A