Woolworths Limited T/A Wow Meat Company Churchill

[2015] FWCA 3983

[2015] FWCA 3983

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Woolworths Limited T/A Wow Meat Company Churchill
(AG2015/922)

WOOLWORTHS LIMITED - WOW MEAT COMPANY CHURCHILL AND THE AUSTRALASIAN MEAT INDUSTRY EMPLOYEES’ UNION AGREEMENT 2014

Meat industry
SENIOR DEPUTY PRESIDENT HARRISON	SYDNEY, 17 JUNE 2015

Application for approval of the Woolworths Limited - Wow Meat Company Churchill and the Australasian Meat Industry Employees’ Union Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Woolworths Limited - Wow Meat Company Churchill and the Australasian Meat Industry Employees’ Union Agreement 2014 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Cth) (the Act). The Agreement is a single-enterprise agreement.

[2] An undertaking has been provided by the applicant in relation to clauses 4.7 (Shift Work) and 5.1 (Annual Leave) of the Agreement. A copy of the undertaking is attached at Annexure A, and it is taken to be a term of the Agreement.

[3] In light of the undertaking, I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

[4] Clause 2.3 (Introduction of Change) does not fully meet the requirements of ss.205(1) and 205(1A) of the Act. As required by s.201(1) of the Act, I note that the model consultation term is taken to be a term of the Agreement pursuant to s.205(2) of the Act. A copy of the model consultation term is attached at Annexure B.

[5] 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 the Agreement to cover it. As required by s.201(2) of the Act, I note that the Agreement covers the organisation.

[6] The Agreement is approved. In accordance with s.54(1) of the Act, it will operate from 24 June 2015. The nominal expiry date of the Agreement is 21 May 2017.

SENIOR DEPUTY PRESIDENT

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Annexure A

Annexure B