Qualia Wine Services Pty Ltd

[2013] FWCA 1490

[2013] FWCA 1490

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Qualia Wine Services Pty Ltd
(AG2013/5297)

QUALIA WINE SERVICES PTY LTD MAINTENANCE AGREEMENT 2011

Food, beverages and tobacco manufacturing industry
COMMISSIONER MCKENNA	SYDNEY, 8 MARCH 2013

Application for approval of the Qualia Wine Services Pty Ltd Maintenance Agreement 2011.

[1] An application has been made for approval of an enterprise agreement known as the Qualia Wine Services Pty Ltd Maintenance Agreement 2011 (“the Agreement”). The application has been made by Qualia Wine Services Pty Ltd pursuant to s.185 of the Fair Work Act 2009 (“the Act”). The Agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act relevant to this application for approval has been met. I note the Agreement purports, at cl.8, to provide an operative date of 15 November 2011 but, as discussed with the representatives in the proceedings on 8 March 2013, the operative date is determined by s.54 of the Act. That being said, I also note that cl.29 of the Agreement otherwise provides for backdating of wage increases to 14 November 2011 and 14 November 2012 respectively, and the applicant’s representative confirmed that the backdating would apply.

[3] The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) has given notice under s.183 of the Act that it wishes to be covered by the Agreement. In accordance with s.201(2) of the Act, I note that the Agreement covers the organisation.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from seven days after the issuing of this decision. The nominal expiry date is 14 November 2014.

COMMISSIONER

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