Warrnambool Cheese & Butter Factory Company Holdings Limited T/A Warrnambool Cheese & Butter Factory

[2015] FWCA 1389

[2015] FWCA 1389

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Warrnambool Cheese & Butter Factory Company Holdings Limited T/A Warrnambool Cheese & Butter Factory
(AG2014/10972)

WARRNAMBOOL CHEESE AND BUTTER FACTORY / NUW ENTERPRISE AGREEMENT 2014

Food, beverages and tobacco manufacturing industry
DEPUTY PRESIDENT KOVACIC	MELBOURNE, 27 FEBRUARY 2015

Application for approval of the Warrnambool Cheese and Butter Factory / NUW Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Warrnambool Cheese and Butter Factory / NUW Enterprise Agreement 2014 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by Warrnambool Cheese & Butter Factory Company Holdings Limited T/A Warrnambool Cheese & Butter Factory. The Agreement is a single-enterprise agreement.

[2] Subject to concerns that have been addressed by way of undertakings, I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[3] As noted, pursuant to s.190(3), I have accepted undertakings from Warrnambool Cheese & Butter Factory Company Holdings Limited T/A Warrnambool Cheese & Butter Factory. In accordance with s.191(1) of the Act the undertakings are taken to be a term of the Agreement. A copy of the undertakings are attached to this decision.

[4] The Agreement does not contain a flexibility clause that meets the requirements set out in s.203 of the Act. Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] The National Union of Workers, 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.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 6 March 2015. The nominal expiry date of the Agreement is 30 June 2017.

ATTACHMENT A

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