Walk Industrial Services Pty Ltd

[2014] FWCA 6437

[2014] FWCA 6437

The attached document replaces the document previously issued with the above code on 16 September 2014.

The agreement name is corrected to reflect the correct title.

Bronwyn Brown

Associate to DEPUTY PRESIDENT LAWRENCE

Dated

18 September 2014

[2014] FWCA 6437

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a multi-enterprise agreement

Walk Industrial Services Pty Ltd
(AG2014/7129)

SUPERIOR PRODUCTION AND PRESTIGE PACKING MULTI-ENTERPRISE BARGAINING AGREEMENT 2014-2018

Food, beverages and tobacco manufacturing industry
DEPUTY PRESIDENT LAWRENCE	SYDNEY, 16 SEPTEMBER 2014

Application for approval of the Superior Production and Prestige Packing Multi-Enterprise Bargaining Agreement 2014 - 2018.

[1] On 14 August 2014 Superior Production Company Pty Ltd and Prestige Packing Company Pty Ltd (The Applicants) made application for approval of the Superior Production and Prestige Packing Multi-Enterprise Bargaining Agreement 2014 - 2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a multi-enterprise agreement.

[2] The Agreement was lodged within 14 days after it was made.

[3] I conducted a hearing by telephone on 12 September 2014. Mr Ken Law represented the Applicants. Management of the Applicants participated, as did employee bargaining representatives.

[4] Mr Law had provided a letter on 10 September 2014 to address concerns raised by me. A copy of this letter is attached to this decision as Annexure A.

[5] Based on this letter and the account of the voting process provided at the telephone hearing, I am satisfied that:

(a) Section181 of the Act has been complied with. The ballot took place on 14 August 2014, which is at least 21 days after the last notice of employee representational rights under s.173(1) was given to employees.

(b) The Agreement has been genuinely agreed to by the employees covered by the Agreement.

(c) The Agreement is not contrary to the Better Off Overall Test (BOOT).

[6] I am satisfied that each of the requirements of ss186, 187 and 188 as are relevant to this application for approval have been met.

[7] The Agreement is approved. In accordance with s.54(1) it will operate from 23 September 2014. The nominal expiry date of the Agreement is 22 September 2018.

DEPUTY PRESIDENT

Annexure A

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