Swickers Kingaroy Bacon Factory Pty Ltd

[2015] FWCA 6288

[2015] FWCA 6288

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Swickers Kingaroy Bacon Factory Pty Ltd
(AG2015/4838)

SWICKERS KINGAROY BACON FACTORY MAINTENANCE EMPLOYEE COLLECTIVE AGREEMENT 2015

Manufacturing and associated industries
COMMISSIONER ROE	MELBOURNE, 11 SEPTEMBER 2015

Application for approval of the Swickers Kingaroy Bacon Factory Maintenance Employee Collective Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Swickers Kingaroy Bacon Factory Maintenance Employee Collective Agreement 2015 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Swickers Kingaroy Bacon Factory Pty Ltd. The Agreement is a single enterprise agreement.

[2] The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure A. 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.

[3] 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 the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[4] The Construction, Forestry, Mining and Energy Union and the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia 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.

[5] The Agreement was approved on 11 September 2015 and, in accordance with s.54, will operate from 18 September 2015. The nominal expiry date of the Agreement is 11 September 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

<Price code G, AE415696  PR571765>

ANNEXURE A