OSI International Foods (Australia) Pty Ltd

[2018] FWCA 6126

[2018] FWCA 6126

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

OSI International Foods (Australia) Pty Ltd
(AG2018/2009)

OSI INTERNATIONAL FOODS (AUSTRALIA) PTY LTD QUEENSLAND SUPPLY AND OPERATIONS AGREEMENT 2017

Meat Industry
COMMISSIONER HARPER-GREENWELL	MELBOURNE, 2 OCTOBER 2018

Application for approval of the OSI International Foods (Australia) Pty Ltd Queensland Supply and Operations Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the OSI International Foods (Australia) Pty Ltd Queensland Supply and Operations Agreement 2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by OSI International Foods (Australia) 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 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) I note that the Agreement covers the organisation.

[4] I note the Clause 2.3(b) is inconsistent with the National Employment Standards as it does not provide for notice of termination for employees who are considered to have abandoned their employment. Given clause 1.3 of the Agreement provides that the provisions of the NES apply as a minimum standard, I am satisfied that the more beneficial entitlements of the NES will prevail.

[5] The Agreement was approved on 2 October 2018 and, in accordance with s.54, will operate from 9 October 2018. The nominal expiry date of the Agreement is 9 October 2020.

COMMISSIONER

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