Thomas Foods International Tamworth Pty Ltd
[2024] FWCA 3179
•4 SEPTEMBER 2024
| [2024] FWCA 3179 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Thomas Foods International Tamworth Pty Ltd
(AG2024/2953)
THOMAS FOODS INTERNATIONAL TAMWORTH PTY LTD PRODUCTION EMPLOYEES ENTERPRISE AGREEMENT 2024
| Meat Industry | |
| DEPUTY PRESIDENT BOYCE | SYDNEY, 4 SEPTEMBER 2024 |
Application for approval of the Thomas Foods International Tamworth Pty Ltd Production Employees Enterprise Agreement 2024
An application has been made for approval of an enterprise agreement to be known as the Thomas Foods International Tamworth Pty Ltd Production Employees Enterprise Agreement 2024 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by Thomas Foods International Tamworth Pty Ltd (Employer). The Agreement is a single enterprise agreement.
Undertakings
The Employer has provided written undertakings dated 3 September 2024. Those undertakings are attached at Annexure A to this decision and become terms of the Agreement. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement (as compared to the relevant provisions of the Meat Industry Award 2020), and that the undertakings will not result in substantial changes to the Agreement.
Coverage of employee organisation(s)
The Australasian Meat Industry Employees Union, being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants to be covered by the Agreement. In accordance with s.201(2) of the Act, I note that the Agreement covers this organisation.
Workplace delegates’ rights clause
Pursuant to s.205A(2) of the Act, the workplace delegates’ rights term prescribed by the Meat Industry Award 2020 is taken to be a term of the Agreement.
Conclusion
Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188, 190, 193 and 193A of the Act, as are relevant to this application for approval, have been met.
I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.
The Agreement is approved and, in accordance with s.54 of the Act, will operate from 11 September 2024. The nominal expiry date of the Agreement is 4 September 2028.
DEPUTY PRESIDENT
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Annexure A
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