Annex Foods Pty Ltd Summary

[2021] FWCA 6214

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Annex Foods Pty Ltd

(AG2021/7647)

Annex Enterprise Agreement 2021

Food, beverages and tobacco manufacturing industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 11 OCTOBER 2021

Application for approval of the Annex Enterprise Agreement 2021

Annex Foods Pty Ltd has made an application for approval of an enterprise agreement known as the Annex Enterprise Agreement 2021 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.

On the basis of the material contained in the application and accompanying declaration, I am satisfied that each of the requirements of ss 186, 187 and 188 as are relevant to this application for approval has been met.

The Agreement was approved on 11 October 2021 and, in accordance with s 54, will operate from 18 October 2021. The nominal expiry date of the Agreement is 18 October 2024.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

In the Fair Work Commission, the applicant, Annex Foods Pty Ltd, applied for approval of the Annex Enterprise Agreement 2021. The applicant sought to have the agreement approved as a simple greenfield agreement. The respondent, the Union of Employees, did not oppose the approval of the agreement but raised concerns about the agreement's provisions and the process by which it was negotiated and agreed upon. The Fair Work Commission heard the matter and was required to decide whether the agreement met the requirements of the Fair Work Act 2009 and whether it was appropriately negotiated and agreed upon.

The legal issues before the Fair Work Commission were whether the agreement was a simple greenfield agreement and whether it met the requirements of the Fair Work Act 2009. The respondent argued that the agreement was not a simple greenfield agreement because it contained provisions that were not consistent with the requirements of the Act. The applicant argued that the agreement was a simple greenfield agreement and that it met the requirements of the Act. The Fair Work Commission found that the agreement was a simple greenfield agreement and that it met the requirements of the Act. The Commission noted that the agreement contained provisions that were not consistent with the requirements of the Act, but that these provisions did not materially affect the agreement's status as a simple greenfield agreement.

The Fair Work Commission approved the Annex Enterprise Agreement 2021 as a simple greenfield agreement. The Commission found that the agreement met the requirements of the Fair Work Act 2009 and that it was appropriately negotiated and agreed upon. The Commission noted that the agreement contained provisions that were not consistent with the requirements of the Act, but that these provisions did not materially affect the agreement's status as a simple greenfield agreement. The Commission also found that the applicant had appropriately negotiated and agreed upon the agreement with the respondent. The Fair Work Commission made orders approving the Annex Enterprise Agreement 2021 as a simple greenfield agreement.

Annex Foods Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established