Thomas Foods International Tamworth Pty Ltd

[2019] FWCA 7124

[2019] FWCA 7124

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Thomas Foods International Tamworth Pty Ltd
(AG2019/2903)

TFI TAMWORTH PTY LTD MAINTENANCE TECHNICIAN ENTERPRISE AGREEMENT 2019

Manufacturing and associated industries
DEPUTY PRESIDENT COLMAN	MELBOURNE, 15 OCTOBER 2019

Application for approval of the TFI Tamworth Pty Ltd Maintenance Technician Enterprise Agreement 2019.

[1] Thomas Foods International Tamworth Pty Ltd has made an application for approval of an enterprise agreement known as the TFI Tamworth Pty Ltd Maintenance Technician Enterprise Agreement 2019 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The agreement is a single enterprise agreement.

[2] The Employer 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. The undertakings are taken to be a term of the agreement.

[3] Subject to the undertakings referred to above, and on the basis of the material contained in the application and accompanying statutory declaration, 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.

[4] The Australian Workers’ Union, the “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) and the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, being bargaining representatives for the Agreement, has each given notice under s 183 of the Act that it wants the Agreement to cover it. In accordance with s 201(2) and based on the statutory declaration provided by these organisations, I note that the Agreement covers these organisations.

[5] The Agreement was approved on 15 October 2019 and, in accordance with s 54, will operate from 22 October 2019. The nominal expiry date of the Agreement is 15 October 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

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Annexure A