Nu-Mega Ingredients Pty Ltd

[2016] FWCA 1278

[2016] FWCA 1278

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Nu-Mega Ingredients Pty Ltd
(AG2016/211)

NU-MEGA INGREDIENTS PTY LTD ENTERPRISE AGREEMENT 2015-2017

Food, beverages and tobacco manufacturing industry
COMMISSIONER ROE	MELBOURNE, 29 FEBRUARY 2016

Application for approval of the Nu-Mega Ingredients Pty Ltd Enterprise Agreement 2015-2017.

[1] An application has been made for approval of an enterprise agreement known as the Nu-Mega Ingredients Pty Ltd Enterprise Agreement 2015-2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Nu-Mega Ingredients Pty Ltd. The Agreement is a single enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[3] The application was not lodged within 14 days after the agreement was made. Pursuant to s.185(3)(b), in all the circumstances I consider it fair to extend the time for making the application to the date it was actually made.

[4] 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.

[5] 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.

[6] The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) 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.

[7] The Agreement was approved on 29 February 2016 and, in accordance with s.54, will operate from 7 March 2016. The nominal expiry date of the Agreement is 30 June 2017.

COMMISSIONER

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