Swickers Kingaroy Bacon Factory Pty Ltd

[2020] FWCA 5912

[2020] FWCA 5912

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Swickers Kingaroy Bacon Factory Pty Ltd
(AG2020/3025)

SWICKERS KINGAROY BACON FACTORY MAINTENANCE EMPLOYEE ENTERPRISE AGREEMENT 2019

Manufacturing and associated industries
COMMISSIONER HUNT	BRISBANE, 5 NOVEMBER 2020

Application for approval of the Swickers Kingaroy Bacon Factory Pty Ltd Maintenance Employee Enterprise Agreement 2019.

[1] Swickers Kingaroy Bacon Factory Pty Ltd (the Employer) has applied for approval of an enterprise agreement known as the Swickers Kingaroy Bacon Factory Pty Ltd Maintenance Employee Enterprise Agreement 2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement.

[2] The Fair Work Commission (the Commission) raised certain concerns regarding the Agreement with the Employer, and as a result, the Employer has provided written undertakings. A copy of the undertakings is attached at Annexure A. Pursuant to s.190(4) of the Act, I sought the views of the Construction, Forestry, Maritime, Mining and Energy Union (the CFMMEU), the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (the CEPU) and the employee bargaining representatives regarding the undertakings, allowing a period of two business days from receipt of the undertakings to provide any views. I did not receive any views to my chambers from any of the bargaining representatives.

[3] 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. Pursuant to s.190 of the Act, I accept the undertakings. In accordance with s.201(3) of the Act, I note that the undertakings are taken to be a term of the Agreement.

[4] I have taken into consideration the material filed in the Commission. Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 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 s.186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[5] The CFMMEU and CEPU being a bargaining representative 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 I note that the Agreement covers the CFMMEU and the CEPU.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 12 November 2020. The nominal expiry date of the Agreement is four years from the date of approval.

COMMISSIONER

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Annexure A: