Tatura Milk Industries Pty Ltd

[2023] FWCA 3167

[2023] FWCA 3167

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Tatura Milk Industries Pty Ltd

(AG2023/3323)

BEGA TATURA (METAL & ELECTRICAL TRADES UNION) ENTERPRISE AGREEMENT 2023

Food, beverages and tobacco manufacturing industry
COMMISSIONER CIRKOVIC	MELBOURNE, 2 OCTOBER 2023

Application for approval of the Bega Tatura (Metal & Electrical Trades Union) Enterprise Agreement 2023

1. An application has been made for approval of an enterprise agreement known as the Bega Tatura (Metal & Electrical Trades Union) Enterprise Agreement 2023 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Tatura Milk Industries Pty Ltd (the Employer). The Agreement is a single enterprise agreement.

1. I am satisfied that each of the requirements of ss.186, 187 and 188 are relevant to this application for approval and have been met. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in ss.186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

1. I observe that certain provisions of the Agreement are likely to be inconsistent with the National Employment Standards (NES). However, noting clause 6 of the Agreement, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

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

1. The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU) and the “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU), being bargaining representatives for the Agreement, have given notice under s 183 of the Act that they seek to be covered by the Agreement. In accordance with s 201(2) and based on the statutory declarations provided, I note that the Agreement covers these organisations.

1. The Agreement was approved on 2 October 2023 and, in accordance with s 54, will operate from 9 October 2023. The nominal expiry date of the Agreement is 31 January 2027.

COMMISSIONER

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