Parmalat Australia Pty Ltd T/A Parmalat Australia

[2017] FWCA 2018

[2017] FWCA 2018

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Parmalat Australia Pty Ltd T/A Parmalat Australia
(AG2017/715)

PARMALAT AUSTRALIA PTY LTD (ROCKHAMPTON OPERATIONS) ENTERPRISE AGREEMENT 2017

Food, beverages and tobacco manufacturing industry
COMMISSIONER ROE	MELBOURNE, 20 APRIL 2017

Application for approval of the Parmalat Australia Pty Ltd (Rockhampton Operations) Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Parmalat Australia Pty Ltd (Rockhampton Operations) Enterprise 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 Parmalat Australia Pty Ltd. The Agreement is a single enterprise agreement.

[2] The Applicant 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.

[3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 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.

[4] 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.

[5] The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU), the Australian Workers’ Union, and the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) I note that the Agreement covers these organisations.

[6] The Agreement was approved on 20 April 2017 and, in accordance with s.54, will operate from 27 April 2017. The nominal expiry date of the Agreement is 31 December 2018.

COMMISSIONER

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<Price code J, AE423972  PR591740>

Annexure A