Swickers Kingaroy Bacon Factory Pty Ltd

[2021] FWCA 2667

[2021] FWCA 2667

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.210 - Application for approval of a variation of an enterprise agreement

Swickers Kingaroy Bacon Factory Pty Ltd
(AG2021/4681)

SWICKERS KINGAROY BACON FACTORY MAINTENANCE EMPLOYEE ENTERPRISE AGREEMENT 2019

Manufacturing and associated industries
COMMISSIONER HUNT	BRISBANE, 12 MAY 2021

Application for variation of the Swickers Kingaroy Bacon Factory Maintenance Employee Enterprise Agreement 2019.

[1] An application has been made by Swickers Kingaroy Bacon Factory Pty Ltd (the Employer) for variation of the Swickers Kingaroy Bacon Factory Maintenance Employee Enterprise Agreement 2019 (the Agreement) pursuant to s.210 of the Fair Work Act 2009 (the Act).

[2] The Employer filed a Form F23A – Employer’s declaration in support of a variation of an enterprise agreement in support of the application, declared by Ms Chantelle List, HR Manager.

[3] I am satisfied that each of the requirements of ss.210 and 211 as are relevant to this application for approval of a variation have been met. Of particular note, I am satisfied that the variation at Annexure A continues to satisfy the terms of Part 2-2, the National Employment Standards of the Act, and the Better off Overall Test pursuant to s.193(1) of the Act. The requirements in Regulation 2.09A of the Fair Work Regulations 2009 for the signing of a variation to the enterprise agreement have been met.

[4] I do not consider there any impediment to the Commission approving the variation to the Agreement. However, I encourage the Employer to consider the Superannuation Guarantee (Administration) Act 1992, as amended by the Treasury Laws Amendment (Your Superannuation, Your Choice) Act 2020 in applying clause 10.2 of the Agreement regarding employees’ choice of superannuation funds.

[5] The variation to the Agreement is approved. In accordance with s.216 of the Act, the variation will operate from 12 May 2021.

[6] The variation can be found at Annexure A of this decision. The consolidated version of the Agreement, as varied, is attached to this decision.

COMMISSIONER

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<AE509445  PR729734>

Annexure A: