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

[2024] FWCA 4027

[2024] FWCA 4027

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

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

(AG2024/3885)

MONDE NISSAN AUSTRALIA PTY LTD NOBLE PARK SITE WAREHOUSE ENTERPRISE AGREEMENT 2024

Food, beverages and tobacco manufacturing industry
COMMISSIONER MIRABELLA	MELBOURNE, 19 NOVEMBER 2024

Application for approval of the Monde Nissin (Australia) Pty Ltd Noble Park Site Warehouse Enterprise Agreement 2024

1. Monde Nissin (Australia) Pty Ltd (the Employer) has made an application for approval of an enterprise agreement known as the Monde Nissan Australia Pty Ltd Noble Park Site Warehouse Enterprise Agreement 2024 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (Cth) (the FW Act). The Agreement is a single enterprise agreement.

1. The Fair Work Legislation Amendment (Secure Jobs, Better Pay) Act 2022 (Cth) made a number of changes to enterprise agreement approval processes in Part 2-4 of the FW Act, that commenced operation on 6 June 2023. The notification time for the Agreement was 12 June 2024 and the Agreement was made on 30 September 2024. Accordingly, both the genuine agreement and the better off overall test requirements are those applying on and from 6 June 2023.

1. The Employer 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. The undertakings are taken to be a term of the Agreement.

1. Subject to the undertakings referred to above, and on the basis of the material contained in the application and accompanying declaration, I am satisfied that each of the requirements of sections 186, 187, 188 and 190, as are relevant to this application for approval, has been met.

1. Pursuant to s.205A(2) of the FW Act, the workplace delegates’ rights term prescribed by the Storage Services and Wholesale Award 2020 is taken to be a term of the Agreement.

1. The notice of employee representational rights provided to employees had a different agreement title to the Agreement. Pursuant to s.188(5), I am satisfied that the Agreement would have been genuinely agreed to but for the minor procedural error made in relation to the requirement in s.174(1A)(b). I am satisfied that the employees covered by the Agreement were not likely to have been disadvantaged by the error. As a result, I am satisfied that the Agreement has been genuinely agreed to within the meaning of s.188(5) of the FW Act.

1. The Agreement was approved on Tuesday 19 November 2024 and, in accordance with s.54, will operate from Tuesday 26 November 2024. The nominal expiry date of the Agreement is 30 June 2027.

COMMISSIONER

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Annexure A