MSM Milling Pty Ltd
[2022] FWCA 545
•17 FEBRUARY 2022
| [2022] FWCA 545 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
MSM Milling Pty Ltd
(AG2022/91)
MSM Milling Employee Collective Workplace Agreement 2021
| Food, beverages and tobacco manufacturing industry | |
| DEPUTY PRESIDENT SAUNDERS | NEWCASTLE, 17 FEBRUARY 2022 |
Application for approval of the MSM Milling Employee Collective Workplace Agreement 2021
An application has been made for approval of an enterprise agreement known as the MSM Milling Employee Collective Workplace Agreement 2021 (Agreement). The application was made pursuant to section 185 of the Fair Work Act 2009 (Act). The Agreement is a single enterprise agreement.
I am satisfied that each of the requirements of sections 186, 187 and 188 as are relevant to this application for approval have been met.
The application was not lodged within 14 days after the agreement was made. Pursuant to subsection 185(3)(b) of the Act, in all the circumstances I consider it fair to extend the time for making the application to the date it was actually made.
Pursuant to subsection 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.
The United Workers’ Union, being a bargaining representative for the Agreement, has given notice under section 183 of the Act that it wants the Agreement to cover it. In accordance with subsection 201(2) of the Act, I note that the Agreement covers the organisation.
The Agreement is approved and, in accordance with section 54 of the Act, will operate from 24 February 2022. The nominal expiry date of the Agreement is 21 December 2024.
DEPUTY PRESIDENT
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