San Remo Macaroni Company Pty Ltd T/A San Remo

[2021] FWCA 6752

[2021] FWCA 6752

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

San Remo Macaroni Company Pty Ltd T/A San Remo
(AG2021/7881)

SAN REMO MACARONI COMPANY ENTERPRISE AGREEMENT 2021

Food, beverages and tobacco manufacturing industry
COMMISSIONER SIMPSON	BRISBANE, 18 NOVEMBER 2021

Application for approval of the San Remo Macaroni Company Enterprise Agreement 2021

[1] An application has been made for approval of an enterprise agreement known as the San Remo Macaroni Company Enterprise Agreement 2021 (the Agreement). The Application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by San Remo Macaroni Company Pty Ltd T/A San Remo (the Applicant). The Agreement is a single enterprise agreement.

[2] The Applicant has provided written undertakings. 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 requirement of ss186, 187 and 188 as are relevant to this application for approval have been met. The undertakings are taken to be a term of the Agreement.

[4] The Agreement does not contain a model consultation term compliant with the Act. Pursuant to section 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] Noting clause 3.2 of the Agreement, I am satisfied that the more beneficial entitlements of the NES in the Act will prevail where there is an inconsistency between the Agreement and the NES.

[6] The United Worker’s Union (UWU) lodged a Form F18 statutory declaration giving notice under s.183 of the Act that the UWU wants the Agreement to cover it. In accordance with s.201(2) of the Act, I note the Agreement covers the UWU.

[7] The Agreement is approved and will operate in accordance with s.54 of the Act.

COMMISSIONER

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<AE513939  PR735923>