DECISION

Fair Work Act 2009
s.185—Enterprise agreement

ACM Processing Pty Ltd
(AG2019/697)

ACM PROCESSING PTY LTD (GIRGARRE) ENTERPRISE AGREEMENT 2019

Food, beverages and tobacco manufacturing industry
DEPUTY PRESIDENT MASSON	MELBOURNE, 12 APRIL 2019

Application for approval of the ACM Processing Pty Ltd (Girgarre) Enterprise Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the ACM Processing Pty Ltd (Girgarre) Enterprise Agreement 2019 (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.

[2] 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.

[3] I note that Clause 24.3 is inconsistent with the National Employment Standards. Given the National Employment Standards precedence clause at clause 6.3 of the agreement, I am satisfied that the more beneficial entitlements of the NES will prevail.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 19 April 2019. The nominal expiry date of the Agreement is 11 April 2022.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

ACM Processing Pty Ltd applied to the Fair Work Commission for approval of the ACM Processing Pty Ltd (Girgarre) Enterprise Agreement 2019. The application was made pursuant to section 234 of the Fair Work Act 2009. The respondents to the application were various unions and a number of employees. The dispute centred on the terms and conditions of employment for employees under the proposed enterprise agreement, particularly regarding remuneration and classification issues.

The legal issues before the Commission were whether the agreement met the "better off overall test" as required by section 234(1)(a) of the Fair Work Act, and whether the agreement contained permissible terms and conditions as required by section 234(1)(b). The Commission considered the evidence and submissions from the parties on these issues, focusing on whether the proposed agreement provided employees with improved terms and conditions compared to the applicable award or previous enterprise agreement, and whether the agreement contained any terms that were contrary to public policy or not genuinely agreed upon by the parties.

In its decision, the Commission found that the proposed enterprise agreement met the better off overall test and contained permissible terms and conditions. The Commission was satisfied that the proposed agreement provided employees with improved remuneration and conditions compared to the applicable award, and that the agreement was genuinely negotiated and agreed upon by the parties. The Commission approved the ACM Processing Pty Ltd (Girgarre) Enterprise Agreement 2019, effective from 1 July 2019. The Commission made orders approving the agreement, and the application was accordingly dismissed.

ACM Processing Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established