Sunbeam Foods Pty Ltd T/A Sunbeam Foods

[2023] FWCA 761

[2023] FWCA 761

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Sunbeam Foods Pty Ltd T/A Sunbeam Foods

(AG2023/496)

Sunbeam Foods Enterprise Agreement 2022

Manufacturing and associated industries
COMMISSIONER MIRABELLA	MELBOURNE, 9 MARCH 2023

Application for approval of the Sunbeam Foods Enterprise Agreement 2022.

1. Sunbeam Foods Pty Ltd T/A Sunbeam Foods (the Employer) has made an application for approval of an enterprise agreement known as the Sunbeam Foods Enterprise Agreement 2022 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.

1. On the basis of the material contained in the application and accompanying declaration, I am satisfied that each of the requirements of sections 186, 187 and 188, as are relevant to this application for approval, have been met.

1. The Employer gave the notice of employee representational rights to some employees later than 14 days after the notification time for the Agreement. Pursuant to s.188(2), I am satisfied that the Agreement would have been genuinely agreed to but for the minor procedural error made in relation to the requirement in s.173(3). 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 to within the meaning of s.188(2) of the Act.

1. The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) and the Australian Workers’ Union, 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) of the Act and based on the declarations provided by the organisations, I note that the Agreement covers these organisations.

1. The Agreement was approved on 9 March 2023 and, in accordance with s.54 of the Act, will operate from 16 March 2023. The nominal expiry date of the Agreement is 1 October 2025.

COMMISSIONER

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<AE519447  PR760169>