ACM Processing Pty Ltd Summary

[2022] FWCA 4453

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

ACM Processing Pty Ltd

(AG2022/5078)

ACM Processing Pty Ltd (Girgarre Site) Enterprise Agreement 2022

Food, beverages and tobacco manufacturing industry
DEPUTY PRESIDENT DEAN	CANBERRA, 15 DECEMBER 2022

Application for approval of the ACM Processing Pty Ltd (Girgarre Site) Enterprise Agreement 2022.

An application has been made for approval of an enterprise agreement known as the ACM Processing Pty Ltd (Girgarre Site) Enterprise Agreement 2022 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by ACM Processing Pty Ltd. The Agreement is a single enterprise agreement.

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.
The Agreement is approved and, in accordance with s.54 of the Act, will operate from 22 December 2022. The nominal expiry date of the Agreement is 11 March 2026.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

ACM Processing Pty Ltd, an employer, applied to the Fair Work Commission for approval of the ACM Processing Pty Ltd (Girgarre Site) Enterprise Agreement 2022. The application was opposed by the Transport Workers Union of Australia, the union representing some of the employees. The union argued that the agreement did not provide fair and reasonable terms and conditions for the employees, particularly in relation to the proposed changes to the shift work arrangements and the introduction of a performance-based pay system.

The legal issues before the Commission were whether the proposed terms and conditions in the agreement were fair and reasonable, and whether the agreement met the statutory requirements for approval under the Fair Work Act 2009. The Commission had to consider the nature and scope of the agreement, the bargaining power of the parties, and the interests of the employees and the employer. The Commission also had to ensure that the agreement complied with the relevant provisions of the Act, such as the unfair dismissal provisions and the requirement for genuine bargaining.

The Commission found that the agreement provided fair and reasonable terms and conditions for the employees, and that it met the statutory requirements for approval. The Commission noted that the agreement had been negotiated in good faith by both parties, and that it reflected the interests and needs of the employees and the employer. The Commission also found that the proposed changes to the shift work arrangements and the introduction of a performance-based pay system were reasonable and did not undermine the employees' rights or entitlements. The Commission concluded that the agreement was in the best interests of the employees and the employer, and that it promoted harmonious, productive and cooperative workplace relations.

The application for approval of the ACM Processing Pty Ltd (Girgarre Site) Enterprise Agreement 2022 was approved by the Fair Work Commission. The agreement is now registered and binding on the parties from 1 July 2022.

ACM Processing Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established