Simplot Australia Pty Ltd

[2013] FWCA 5534

[2013] FWCA 5534

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Simplot Australia Pty Ltd
(AG2013/7022)

GIPPSLAND FOOD COMPANY - PAKENHAM FACTORY (PRODUCTION EMPLOYEES) ENTERPRISE AGREEMENT 2012

Food, beverages and tobacco manufacturing industry
COMMISSIONER GREGORY	MELBOURNE, 9 AUGUST 2013

Application for approval of the Gippsland Food Company - Pakenham Factory (Production Employees) Enterprise Agreement 2012.

[1] An application has been made for approval of an enterprise agreement known as the Gippsland Food Company - Pakenham Factory (Production Employees) Enterprise Agreement 2012 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by Simplot Australia Pty Ltd. The Agreement is a single-enterprise agreement.

[2] The application was not lodged within 14 days after the Agreement was made. This was due to some difficulties associated with having the Agreement signed by an appropriate signatory. I am satisfied in all the circumstances that it is fair, pursuant to s.185(3)(b) of the Act, to extend the time for making the application until the time it was actually made.

[3] I am also satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

[4] The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU), 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) I note that the Agreement covers the organisation.

[5] It is also noted in this context that the Union takes issue with the provisions in clause 25 of the Agreement referring to employees employed prior to 30 November 2009, who moved from the Nestlé Group Superfund, receiving an additional 2.8% of their base rate of pay. The Union continues to believe, due to other agreed arrangements, that all employees have this entitlement. It is further noted, however, that the Employer does not agree with the Union’s view.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 16 August 2013. The nominal expiry date of the Agreement is 30 June 2015.

COMMISSIONER

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