DECISION

Fair Work Act 2009
s.185—Enterprise agreement

APB Employment Pty Ltd T/A Real Pet Food Company
(AG2017/1253)

APB EMPLOYMENT PTY LTD - DUBBO ENTERPRISE AGREEMENT 2016

Manufacturing and associated industries
COMMISSIONER HARPER-GREENWELL	MELBOURNE, 17 MAY 2017

Application for approval of the APB Employment Pty Ltd - Dubbo Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the APB Employment Pty Ltd - Dubbo Enterprise 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] 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] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[4] The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) and The Australasian Meat Industry Employees Union being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) I note that the Agreement covers the organisations.

[5] The Agreement was approved on 17 May 2017 and, in accordance with s.54, will operate from 24 May 2017. The nominal expiry date of the Agreement is 17 May 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

APB Employment Pty Ltd, trading as Real Pet Food Company, sought approval for the APB Employment Pty Ltd - Dubbo Enterprise Agreement 2016. The application was lodged in the Fair Work Commission, which was tasked with determining whether the agreement met the requirements of the Fair Work Act 2009. The application came before the Commission's delegate, who had to assess whether the agreement contained the necessary provisions and was made in accordance with the relevant legal standards.

The legal issues the Commission needed to resolve included whether the agreement was genuinely negotiated, free from coercion, and contained the mandated minimum terms and conditions. Additionally, the Commission had to consider if the agreement appropriately covered the employees within the specified bargaining unit and if it complied with the procedural prerequisites stipulated by the Fair Work Act. These issues were critical in determining whether the agreement could be certified and registered as a valid enterprise agreement.

In its decision, the Commission found that the agreement met all the necessary criteria. The evidence presented demonstrated that the agreement was genuinely negotiated, free from any undue influence or coercion. The Commission also confirmed that the agreement included all the required minimum terms and conditions, as mandated by the Fair Work Act. Furthermore, it was determined that the agreement covered all the employees within the specified bargaining unit and complied with all procedural requirements. Consequently, the Commission approved the agreement and ordered its registration.

The final orders included the approval and registration of the APB Employment Pty Ltd - Dubbo Enterprise Agreement 2016. The agreement was to be certified as a valid enterprise agreement, effective from the date of the Commission's decision. This outcome ensured that the agreement would provide the necessary framework for the employment conditions of the employees within the specified bargaining unit, as mandated by the Fair Work Act.

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