Parmalat Australia Pty Ltd t/a Parmalat Australia

[2015] FWCA 7005

[2015] FWCA 7005

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Parmalat Australia Pty Ltd t/a Parmalat Australia
(AG2015/5667)

PARMALAT AUSTRALIA PTY LTD – BRISBANE OPERATIONS ENTERPRISE AGREEMENT 2015

Food, beverages and tobacco manufacturing industry
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 13 OCTOBER 2015

Application for approval of the Parmalat Australia Pty Ltd - Brisbane Operations Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Parmalat Australia Pty Ltd - Brisbane Operations Enterprise Agreement 2015 (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 t/a Parmalat Australia. The agreement is a single enterprise agreement.

[2] On the basis of the material contained in the application and accompanying statutory declaration, 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.

[3] 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.

[4] 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.

[5] The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU); The Australian Workers’ Union; and 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) and based on the statutory declarations provided by the organisations, I note that the Agreement covers these organisations.

[6] The Agreement was approved on 13 October 2015 and, in accordance with s.54, will operate from 20 October 2015. The nominal expiry date of the Agreement is 30 June 2019.

DEPUTY PRESIDENT

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