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

[2020] FWCA 7056

[2020] FWCA 7056

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Monde Nissin (Australia) Pty Ltd T/A Monde Nissin Australia
(AG2020/3583)

MONDE NISSIN (AUSTRALIA) PTY LTD CLAYTON SOUTH SITE ENTERPRISE AGREEMENT 2020

Food, beverages and tobacco manufacturing industry
DEPUTY PRESIDENT MILLHOUSE	MELBOURNE, 24 DECEMBER 2020

Application for approval of the Monde Nissin (Australia) Pty Ltd Clayton South Site Enterprise Agreement 2020.

[1] An application has been made for approval of an enterprise agreement known as the Monde Nissin (Australia) Pty Ltd Clayton South Site Enterprise Agreement 2020 (Agreement). The application was made pursuant to s 185 of the Fair Work Act 2009 (Cth) (Act). It has been made by Monde Nissin (Australia) Pty Ltd T/A Monde Nissin Australia (Employer). The Agreement is a single enterprise agreement.

[2] The Employer has provided a written undertaking. A copy of the undertaking is attached in Annexure A. I am satisfied that the undertaking will not cause financial detriment to any employee covered by the Agreement and that the undertaking will not result in substantial changes to the Agreement. The undertaking is taken to be a term of the Agreement.

[3] Subject to the undertaking 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] 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 is approved and in accordance with s 54 of the Act will operate from 31 December 2020. The nominal expiry date of the Agreement is 30 June 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

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Annexure A