Thomas Foods International Australia Pty Ltd T/A Thomas Foods International Australia

[2021] FWCA 5637

[2021] FWCA 5637

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Thomas Foods International Australia Pty Ltd T/A Thomas Foods International Australia
(AG2021/6893)

MEATPAK CAVAN PRODUCTION EMPLOYEE ENTERPRISE AGREEMENT 2021

Meat Industry
COMMISSIONER PLATT	ADELAIDE, 8 SEPTEMBER 2021

Application for approval of the Meatpak Cavan Production Employee Enterprise Agreement 2021.

[1] An application has been made for approval of an enterprise agreement known as the Meatpak Cavan Production Employee Enterprise Agreement 2021 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act) by Thomas Foods International Australia Pty Ltd T/A Thomas Foods International Australia (the Applicant). The agreement is a single enterprise agreement.

[2] The matter was allocated to my Chambers on 1 September 2021 and was determined on the papers.

[3] The Applicant has submitted an undertaking in the required form dated 7 September 2021. The undertaking deals with the following topics:

•  The rates of pay for Level 1 and Level 2 employees have been increased to ensure the Agreement passes the better off overall test (BOOT).

•  If a Level 1 or Level 2 employee works in a way which would attract a cold temperature allowance under the Meat Industry Award 2020 (the Award)which is greater than the Cold Allowance under the Agreement, the employee will, in respect of that day, receive the Award allowance rather than the Agreement allowance.

[4] A copy of the undertaking has been provided to the bargaining representatives and I have sought their views in accordance with s.190(4) of the Act. The bargaining representatives that responded supported the undertaking.

[5] The undertaking appears to meet the requirements of s.190(3) of the Act and I have accepted it. As a result, the undertakings are taken to be a term of the Agreement.

[6] The Australasian Meat Industry Employees Union (AMIEU), being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) of the Act I note that the Agreement covers this organisation.

[7] I am satisfied that each of the requirements of ss.186, 187, 188 and 190 of the Act as are relevant to this application for approval have been met.

[8] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 days after the date of approval of the Agreement. The nominal expiry date is 8 September 2025.

COMMISSIONER

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