“Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers' Union (AMWU) v Simplot Australia Pty Limited

The Australian Manufacturing Workers' Union (AMWU) sought to address a dispute under an enterprise agreement with Simplot Australia Pty Limited. The AMWU argued that Simplot had breached the agreement by imposing new rosters without prior consultation, resulting in increased overtime and reduced rest periods for employees. The Fair Work Commission was the court tasked with resolving the matter.

The primary legal issue before the Commission was whether Simplot had complied with the terms of the enterprise agreement in implementing the new rosters. The AMWU contended that the changes constituted a variation of the agreement that required formal negotiation, while Simplot maintained that the alterations were permissible under the agreement's flexibility provisions. The Commission had to determine the scope and interpretation of these provisions to decide if the changes were lawful.

The Fair Work Commission found that the changes to the rosters did indeed require formal negotiation under the terms of the enterprise agreement. The Commission held that the flexibility provisions did not permit unilateral changes that significantly altered the conditions of employment without prior consultation. Consequently, the Commission ruled that Simplot's implementation of the new rosters was in breach of the agreement. As a result, Simplot was directed to revert to the previous rosters and engage in negotiations to reach a mutually agreeable solution.

The Commission ordered Simplot to return to the previous rosters immediately and to engage in good faith negotiations with the AMWU to address the issues raised. The parties were directed to participate in mediation to resolve the dispute, with the possibility of further intervention by the Commission if necessary.