“Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) Summary

[2014] FWCA 3183

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

“Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU)
(AG2014/766)

BAXTERS FOODS AUSTRALIA (CAMPBELLFIELD) ENTERPRISE AGREEMENT 2013

Food, beverages and tobacco manufacturing industry
DEPUTY PRESIDENT KOVACIC	MELBOURNE, 14 MAY 2014

Application for approval of the Baxters Foods Australia (Campbellfield) Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Baxters Foods Australia (Campbellfield) Enterprise Agreement 2013 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by the “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU). The Agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[3] The consultation term of the Agreement does not meet the requirements of s.205(1) and s.205(1A) of the Act. In accordance with s.205(2) of the Act, the model consultation term, as set out in Schedule 2.3 of the Fair Work Regulations 2009, is taken to be a term of the Agreement, and replaces clause 19 of the Agreement. The model consultation term is attached to this decision as Attachment A.

[4] The AMWU, being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants to be covered by the Agreement. In accordance with s.201(2) of the Act I note that the Agreement covers this organisation.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 21 May 2014. The nominal expiry date of the Agreement is 30 June 2016.

DEPUTY PRESIDENT

Attachment A:

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the Fair Work Commission involved an application by the Australian Manufacturing Workers’ Union (AMWU) for approval of the Baxters Foods Australia (Campbellfield) Enterprise Agreement 2013. The dispute centred on the terms and conditions of employment for workers at the Baxters Foods Australia site in Campbellfield. The AMWU sought to have the agreement approved by the Commission, while Baxters Foods Australia contested the approval on certain grounds. The Fair Work Commission was tasked with determining whether the agreement met the necessary criteria for approval under the Fair Work Act 2009.

The primary legal issue for the Commission was whether the enterprise agreement contained the necessary good faith bargaining provisions, as required under section 230 of the Fair Work Act. The Commission also needed to determine whether the agreement provided for appropriate mechanisms for resolving disputes and ensuring the fair treatment of employees. Additionally, the Commission considered whether the agreement adequately protected employees' rights and interests and whether it complied with other statutory requirements.

The Commission found that the enterprise agreement contained the necessary good faith bargaining provisions and provided for appropriate mechanisms for resolving disputes. The Commission also concluded that the agreement adequately protected employees' rights and interests and complied with the statutory requirements. The Commission was satisfied that the agreement was fair and reasonable, and it approved the Baxters Foods Australia (Campbellfield) Enterprise Agreement 2013. The Commission's decision was based on its assessment of the agreement's provisions and its consideration of the parties' submissions and evidence.

The Fair Work Commission approved the Baxters Foods Australia (Campbellfield) Enterprise Agreement 2013, subject to certain conditions and modifications. The Commission's decision provides a useful example of the considerations that it takes into account when assessing the approval of an enterprise agreement. The Commission's approval of the agreement demonstrates its commitment to facilitating fair and reasonable agreements between employers and employees and promoting industrial harmony.

“Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU)

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established