Parmalat Australia YD Pty Ltd

[2018] FWCA 7827

[2018] FWCA 7827

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Parmalat Australia YD Pty Ltd
(AG2018/4810)

PARMALAT TAMAR VALLEY PRODUCTION AND WAREHOUSE AND AUSTRALIAN WORKERS UNION (AWU) AGREEMENT 2018

Food, beverages and tobacco manufacturing industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 21 DECEMBER 2018

Application for approval of the Parmalat Tamar Valley Production and Warehouse and Australian Workers Union (AWU) Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Parmalat Tamar Valley Production and Warehouse and Australian Workers Union (AWU) Agreement 2018 (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 YD Pty Ltd. 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] 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] The Australian Workers’ Union 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) and based on the statutory declaration provided by the organisation, I note that the Agreement covers the organisation.

[6] The Agreement was approved on 21 December 2018 and, in accordance with s.54, will operate from 28 December 2018. The nominal expiry date of the Agreement is 30 June 2021.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

<AE501215  PR703470>