New Food Coatings Pty Ltd T/A Newly Weds Foods

[2017] FWCA 4004

[2017] FWCA 4004

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

New Food Coatings Pty Ltd T/A Newly Weds Foods
(AG2017/2644)

NEW FOOD COATINGS PTY LTD ENTERPRISE AGREEMENT 2017

Food, beverages and tobacco manufacturing industry
COMMISSIONER JOHNS	SYDNEY, 31 JULY 2017

Application for approval of the New Food Coatings Pty Ltd Enterprise Agreement 2017.

[1] On 4 July 2017 New Food Coatings Pty Ltd T/A Newly Weds Foods (Applicant) made an application for approval of the New Food Coatings Pty Ltd Enterprise Agreement 2017 (Agreement). The application was made pursuant to s 185 of the Fair Work Act 2009 (Cth) (Act). The Agreement is a single-enterprise agreement.

[2] The Agreement was lodged within 14 days after it was made.

[3] The Applicant has provided written undertakings. A copy of the undertakings is attached as Annexure A. The Commission is 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. In any case, the undertakings were provided to the National Union of Workers for their reference.

[4] Subject to the undertakings referred to above, the Commission is satisfied that each of the requirements of ss 186, 187, 188 and 190, as are relevant to this application for approval, have been met.

[5] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[6] 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.

[7] 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), the Commission notes that the Agreement covers this organisation.

[8] The Agreement is approved. In accordance with s 54 of the Act the Agreement will operate from 7 August 2017. The nominal expiry date of the Agreement is 26 May 2020.

COMMISSIONER

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ANNEXURE A