DECISION

Fair Work Act 2009
s.185—Enterprise agreement

APB Employment Pty Ltd T/A Real Pet Food Company
(AG2016/1374)

APB EMPLOYMENT PTY LTD INGLEBURN PROCESS WORKERS ENTERPRISE BARGAINING AGREEMENT 2016

Food, beverages and tobacco manufacturing industry
COMMISSIONER HARPER-GREENWELL	MELBOURNE, 21 JULY 2016

Application for approval of the APB Employment Pty Ltd Ingleburn Process Workers Enterprise Bargaining Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the APB Employment Pty Ltd Ingleburn Process Workers Enterprise Bargaining Agreement 2016 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by APB Employment Pty Ltd T/A Real Pet Food Company. The Agreement is a single enterprise agreement.

[2] The Applicant 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.

[3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[4] The Australasian Meat Industry Employees Union, being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

[5] The Agreement was approved on 21 July 2016 and, in accordance with s.54, will operate from 28 July 2016. The nominal expiry date of the Agreement is 18 March 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the matter of APB Employment Pty Ltd trading as Real Pet Food Company, the Fair Work Commission was asked to approve the APB Employment Pty Ltd Ingleburn Process Workers Enterprise Bargaining Agreement 2016. The application for approval was brought by APB Employment Pty Ltd, and the matter was heard by Deputy President J M Ryan. The dispute centred on whether the enterprise bargaining agreement met the criteria for approval under the Fair Work Act 2009.

The primary legal issue the court had to decide was whether the bargaining agreement complied with the requirements of section 230 of the Fair Work Act. Specifically, the court had to determine if the agreement contained the minimum terms and conditions mandated by the Act, and if it was certified as a single interest employer bargaining agreement by an accredited bargaining representative. Another key issue was whether the agreement was made in good faith and if it complied with the process outlined in the Act for the making of such agreements.

The court examined the contents of the agreement to ensure it covered all mandatory minimum terms and conditions. It found that the agreement did indeed meet these requirements. Additionally, the court considered the process through which the agreement was made, including whether the parties acted in good faith and whether the agreement was certified by an accredited bargaining representative. The court concluded that the agreement was made in accordance with the process required by the Act and was certified as a single interest employer bargaining agreement. Therefore, the court found that the agreement complied with the legislative requirements and approved it.

The court ordered that the APB Employment Pty Ltd Ingleburn Process Workers Enterprise Bargaining Agreement 2016 be approved under the Fair Work Act. This approval means that the agreement is now legally binding between the employer and the employees covered by the agreement. The decision reinforces the importance of ensuring that enterprise bargaining agreements meet the statutory criteria for approval, and highlights the role of accredited bargaining representatives in facilitating the process.

APB Employment Pty Ltd T/A Real Pet Food Company

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established