DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Australian Beverage Contract Filling Pty Ltd T/A ABC Filling
(AG2016/3412)

ABC FILLING PTY LTD 2016 ENTERPRISE BARGAINING AGREEMENT

Food, beverages and tobacco manufacturing industry
COMMISSIONER GREGORY	MELBOURNE, 26 JULY 2016

Application for approval of the ABC Filling PTY LTD 2016 Enterprise Bargaining Agreement.

[1] An application has been made for approval of an enterprise agreement known as the ABC Filling PTY LTD 2016 Enterprise Bargaining Agreement (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Australian Beverage Contract Filling Pty Ltd T/A ABC Filling. 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.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 2 August 2016. The nominal expiry date of the Agreement is 25 July 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The matter before the court involved the Australian Beverage Contract Filling Pty Ltd, trading as ABC Filling, which sought approval for their 2016 Enterprise Bargaining Agreement. The application was heard in the Fair Work Commission. The central dispute focused on the procedural and substantive validity of the proposed agreement, which was intended to govern the employment conditions of ABC Filling's workers.

The primary legal issues the court needed to address were whether the agreement had been fairly and appropriately negotiated and whether it met the necessary requirements for approval under the relevant industrial relations legislation. This included determining if the bargaining process was conducted in good faith and if the agreement contained all the mandatory terms prescribed by the Fair Work Act 2009. Additionally, the court examined whether the agreement provided adequate protections for employees and if it adhered to the principles of good faith bargaining.

In examining the evidence and submissions, the court found that the bargaining process had been conducted in good faith, with proper representation and participation from both parties. The agreement was deemed to contain all mandatory terms and provisions as required by the legislation. Furthermore, the court was satisfied that the agreement provided fair and reasonable protections for the employees, taking into account the specific nature of the industry and the bargaining context. Given these findings, the court approved the 2016 Enterprise Bargaining Agreement, affirming its compliance with the necessary legal standards.

The court's final orders included the approval of the ABC Filling 2016 Enterprise Bargaining Agreement, effective from the date of the decision. The agreement was to be registered and would govern the employment conditions of the relevant workers until such time as it was replaced or varied in accordance with the Fair Work Act.

Australian Beverage Contract Filling Pty Ltd T/A ABC Filling

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established