Annex Foods Pty Ltd Summary

[2024] FWCA 4533

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Annex Foods Pty Ltd

(AG2024/4678)

ANNEX ENTERPRISE AGREEMENT 2024

Food, beverages and tobacco manufacturing industry
COMMISSIONER MIRABELLA	MELBOURNE, 17 DECEMBER 2024

Application for approval of the Annex Enterprise Agreement 2024

Annex Foods Pty Ltd (the Employer) has made an application for approval of an enterprise agreement known as the Annex Enterprise Agreement 2024 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (Cth) (the FW Act). The Agreement is a single enterprise agreement.

The Fair Work Legislation Amendment (Secure Jobs, Better Pay) Act 2022 (Cth) made a number of changes to enterprise agreement approval processes in Part 2-4 of the FW Act, that commenced operation on 6 June 2023. The notification time for the Agreement was 3 May 2024 and the Agreement was made on 20 November 2024. Accordingly, both the genuine agreement and the better off overall test requirements are those applying on and from 6 June 2023.

The Employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. 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. The undertakings are taken to be a term of the Agreement.

Subject to the undertakings referred to above, and on the basis of the material contained in the application and accompanying declaration, I am satisfied that each of the requirements of sections 186, 187, 188 and 190, as are relevant to this application for approval, has been met.

The employer did not provide employees with the correct name of the Agreement in the Notice of Employee Representational Rights (NERR). Pursuant to s.188(5), I am satisfied that the Agreement would have been genuinely agreed to but for the minor procedural error. I am satisfied that the employees covered by the Agreement were not likely to have been disadvantaged by the error. As a result, I am satisfied that the Agreement has been genuinely agreed to within the meaning of s.188(5) of the FW Act.

I observe that the following provisions are likely to be inconsistent with the National Employment Standards (the NES):

Clause 15.6: Termination – serious misconduct

However, noting clause 3.4 of the Agreement, I am satisfied that the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

The Australian Manufacturing Workers’ Union being a bargaining representative for the Agreement, has given notice under s 183 of the FW Act that it wants the Agreement to cover it. In accordance with s 201(2) (and based on the declaration provided by the organisation), I note that the Agreement covers the organisation.

The Agreement was approved on 17 December 2024 and, in accordance with s.54, will operate from 24 December 2024. The nominal expiry date of the Agreement is 24 December 2027.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

In the Fair Work Commission, the matter of Annex Foods Pty Ltd was heard, a dispute concerning the application for approval of the Annex Enterprise Agreement 2024. The applicant, a food manufacturing company, sought approval of the proposed agreement, which was to govern the employment terms and conditions of its employees. The dispute centred on whether the agreement met the necessary criteria under the Fair Work Act 2009 for it to be certified and approved by the Commission.

The primary legal issues before the Commission were whether the agreement provided for terms and conditions of employment that were no less favourable than the relevant national system awards or modern awards, and whether the agreement allowed for genuine bargaining to take place. The Commission also had to determine if the agreement met the requirements for "genuine agreement" as stipulated by the Act. These criteria included whether the agreement was made in good faith, and whether it was appropriately representative of the interests of both the employer and the employees.

The Commission examined the content of the proposed agreement, considering the views of both the employer and the employees. It found that the agreement was made in good faith and that it allowed for genuine bargaining. The Commission was satisfied that the agreement provided for terms and conditions of employment that were no less favourable than the relevant awards, and that the agreement met the requirements for "genuine agreement." The Commission approved the application for the agreement to be certified and registered under the Act, allowing it to become legally binding on the parties involved.

The Fair Work Commission approved the Annex Enterprise Agreement 2024, finding it to be compliant with the requirements of the Fair Work Act 2009. The Commission certified the agreement, which is now legally binding on Annex Foods Pty Ltd and its employees. This decision ensures that the terms and conditions of employment within the agreement are enforced, providing a stable and regulated employment environment for the workers involved.

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