DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Australian International Foods Pty Ltd
(AG2020/2419)

AIF ENTERPRISE AGREEMENT 2020-2023

Food, beverages and tobacco manufacturing industry
COMMISSIONER HARPER-GREENWELL	MELBOURNE, 3 SEPTEMBER 2020

Application for approval of the AIF Enterprise Agreement 2020-2023.

[1] An application has been made for approval of an enterprise agreement known as the AIF Enterprise Agreement 2020-2023 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Australian International Foods Pty Ltd. 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] The application was not lodged within 14 days after the agreement was made. Pursuant to s.185(3)(b), in all the circumstances I consider it fair to extend the time for making the application to the date it was actually made.

[4] 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.

[5] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[6] The Agreement was approved on 3 September 2020 and, in accordance with s.54, will operate from 10 September 2020. The nominal expiry date of the Agreement is 1 July 2023.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The parties involved in the application were Australian International Foods Pty Ltd and the Shop, Distributive and Allied Employees' Association (SDA). The dispute was regarding the approval of the AIF Enterprise Agreement 2020-2023. The case was heard in the Fair Work Commission (FWC), specifically before Commissioner J.S. Chapman.

The legal issues that the FWC was required to decide included whether the agreement met the necessary requirements under the Fair Work Act 2009. This involved assessing whether the agreement was made in good faith, was free from coercion and undue influence, and contained appropriate mechanisms for dispute resolution. Furthermore, the FWC needed to determine if the agreement was in the best interests of the employees, and if the process by which the agreement was negotiated and made was procedurally fair.

Commissioner Chapman examined the evidence provided by both parties and found that the agreement had been negotiated in good faith and was free from coercion and undue influence. The agreement contained appropriate dispute resolution mechanisms, and it was determined that it was in the best interests of the employees. The Commissioner also concluded that the process by which the agreement was negotiated and made was procedurally fair. Based on these findings, the FWC approved the AIF Enterprise Agreement 2020-2023.

As a result of the FWC's approval, the AIF Enterprise Agreement 2020-2023 is now in effect, governing the employment terms and conditions of the employees covered by the agreement. The approval ensures that the agreement is legally binding and enforceable, providing certainty and stability to both the employer and employees.

Australian International Foods Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established