West Coast Eggs Pty Ltd

[2013] FWCA 7412

[2013] FWCA 7412

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

West Coast Eggs Pty Ltd
(AG2013/7895)

THE GOLDEN EGG FARMS AND FOOD PRESERVERS UNION AGREEMENT 2013

Food, beverages and tobacco manufacturing industry
DEPUTY PRESIDENT MCCARTHY	PERTH, 26 SEPTEMBER 2013

Application for approval of the Golden Egg Farms and Food Preservers Union Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Golden Egg Farms and Food Preservers Union Agreement 2013 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement.

[2] 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] The Food Preservers’ Union of Western Australia, 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 the organisation.

[4] As the Agreement does not contain a flexibility term, the model flexibility term is taken to be a term of the Agreement.

[5] I had some concerns regarding the clauses in the Agreement in relation to the rates of pay for junior employees. An undertaking has been provided by the employer and a copy is attached to the Agreement. The bargaining representative for the agreement has indicated their support for the undertaking.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from seven days from the date of this decision. The nominal expiry date of the Agreement is 30 July 2016.

DEPUTY PRESIDENT

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