Simplot Australia Pty Limited
[2022] FWCA 1014
•23 MARCH 2022
| [2022] FWCA 1014 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Simplot Australia Pty Limited
(AG2022/626)
AMWU, CEPU and Simplot Australia Pty Limited, Employee National Collective Agreement 2021 - 2024
| Food, beverages and tobacco manufacturing industry | |
| DEPUTY PRESIDENT BELL | MELBOURNE, 23 MARCH 2022 |
Application for approval of the AMWU, CEPU and Simplot Australia Pty Limited, Employee National Collective Agreement 2021 – 2024.
An application has been made for approval of an enterprise agreement known as the AMWU, CEPU and Simplot Australia Pty Limited, Employee National Collective Agreement 2021 - 2024 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by Simplot Australia Pty Limited. The Agreement is a single enterprise agreement.
Having regard to the material contained in the application and filed in relation to it, 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. 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.
The title of the Agreement in the Notice of Employee Representational Rights was different to the title clause in the proposed Agreement. Nevertheless, in the circumstances, I am satisfied that this constitutes a minor procedural or technical error for the purposes of s.188(2)(a). Further, having regard to the content of the statutory declaration I am satisfied that the employees covered by the agreement were not likely to have been disadvantaged by the error. As a result, I am satisfied that the Agreement has been genuinely agreed within the meaning of s.188(2) of the Act.
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.
The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union”, known as the Australian Manufacturing Workers’ Union (AMWU), and the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU), each 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 the organisations.
The Agreement was approved on 23 March 2022 and, in accordance with s.54 of the Act, will operate from 30 March 2022. The nominal expiry date of the Agreement is 30 November 2024.
DEPUTY PRESIDENT
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