Atlantic Pacific Foods Pty Ltd Summary

[2013] FWCA 9886

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Atlantic Pacific Foods Pty Ltd
(AG2013/10264)

ATLANTIC PACIFIC FOODS ENTERPRISE AGREEMENT 2013

Food, beverages and tobacco manufacturing industry
DEPUTY PRESIDENT LAWRENCE	SYDNEY, 17 DECEMBER 2013

Application for approval of the Atlantic Pacific Foods Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as Atlantic Pacific Foods Enterprise Agreement 2013 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss186, 187 and 188 as are relevant to this application for approval have been met.

[3] The Australian Workers’ 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. As required by s.201(2) I note that the Agreement covers the organisation.

[4] The Agreement is approved. In accordance with s.54(1) it will operate from 24 December 2013. The nominal expiry date of the Agreement is 24 December 2014.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, Atlantic Pacific Foods Pty Ltd, an Australian food processing company, applied for the approval of the Atlantic Pacific Foods Enterprise Agreement 2013. The dispute involved the company's employees, who were represented by a union. The primary contention was over the terms and conditions of employment as outlined in the proposed agreement.

The legal issues before the Commission included whether the agreement met the requirements of the Fair Work Act 2009, particularly concerning the process of its creation and its fairness. The Commission had to determine if the agreement was made in good faith and whether it provided for fair and reasonable terms and conditions for the employees. Additionally, the Commission examined if the agreement complied with the provisions of the Fair Work (Registered Organisations) Act 2009 regarding the authorisation of unions.

The Commission found that the agreement was made in good faith and adhered to the statutory requirements for fair and reasonable terms and conditions. The union's authorisation process was also deemed compliant with the relevant legislation. Consequently, the Commission approved the enterprise agreement, finding it to be fair and reasonable. This decision was grounded on the thorough analysis of the negotiation process and the terms included in the agreement.

The final orders of the Commission included the approval of the Atlantic Pacific Foods Enterprise Agreement 2013, effective from the date of the decision. The agreement was to be registered with the Fair Work Commission, ensuring its legal enforceability and compliance with the Fair Work Act 2009.

Atlantic Pacific 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