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austlii:cth/FWCA/2025/2053
General information, not legal advice.
FWCA
2025-06-23
Original judgment source is linked above.
s.185 - Application for approval of a single-enterprise agreement
GOLDEN CIRCLE LIMITED - UNITED WORKERS' UNION (UWU)- ENTERPRISE PRODUCTION AND DISTRIBUTION (NORTHGATE) AGREEMENT 2024
Application for approval of the Golden Circle Limited - United Workers' Union (UWU)- Enterprise Production and Distribution (Northgate) Agreement 2024
[1] An application has been made for approval of an enterprise agreement known as the Golden Circle Limited - United Workers' Union (UWU)- Enterprise Production and Distribution (Northgate) Agreement 2024 (the Agreement). The Application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by H.J Heinz Company Australia Ltd (the Applicant). The Agreement is a single enterprise agreement.
[2] The Applicant has provided written undertakings. 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.
[3] Subject to the undertakings referred to above, I am satisfied that each requirement of ss186, 187 and 188 as are relevant to this application for approval have been met. The undertakings are taken to be a term of the Agreement.
[4] Noting clause 10 of the Agreement and the undertaking provided, I am satisfied that the more beneficial entitlements of the NES in the Act will prevail where there is an inconsistency between the Agreement and the NES.
[5] On 18 June 2025, the United Workers' Union (UWU) noted a typographical error regarding reference to themselves in the Agreement. On 19 June 2025, the Applicant subsequently filed an amended version of the Agreement which corrected the typographical errors at clauses 1, 7.2, 8.2 as well as the title page and signatory page of the Agreement. I am satisfied that the corrections should be made and that it is appropriate to do so pursuant to s.586 of the Act.
[6] The UWU lodged a Form F18 statutory declaration giving 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 the Agreement covers the UWU.
[7] The Agreement is approved and will operate in accordance with s.54 of the Act. The nominal expiry date of the Agreement is 31 December 2027.
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