DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Baxters Foods Australia Pty Ltd
(AG2020/2437)

BAXTERS FOODS AUSTRALIA ENTERPRISE AGREEMENT 2020

Manufacturing and associated industries
DEPUTY PRESIDENT MILLHOUSE	MELBOURNE, 14 SEPTEMBER 2020

Application for approval of the Baxters Foods Australia Enterprise Agreement 2020.

[1] An application has been made for approval of an enterprise agreement known as the Baxters Foods Australia Enterprise Agreement 2020 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by Baxters Foods Australia Pty Ltd. The Agreement is a single enterprise agreement.

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

[3] The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU), being a bargaining representative for the Agreement has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2), I note that the Agreement covers the organisation.

[4] The Agreement is approved and in accordance with s.54 of the Act will operate from 21 September 2020. The nominal expiry date of the Agreement is 30 June 2021.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The application before the Fair Work Commission was for the approval of the Baxters Foods Australia Enterprise Agreement 2020. The applicant, Baxters Foods Australia Pty Ltd, sought the Commission's approval of the agreement, which was intended to be a registered agreement under the Fair Work Act 2009. The respondents, represented by the Australian Manufacturing Workers' Union, opposed the approval on the basis that the agreement did not meet the requirements for registration under the Act.

The central legal issues that the Commission had to address were whether the agreement was a genuine enterprise agreement and whether it complied with the procedural and substantive requirements set out in the Act. The respondents argued that the agreement did not fairly and accurately represent the interests of the employees and that the process leading to its adoption was flawed.

The Commission found that the agreement was a genuine enterprise agreement, as it had been negotiated in good faith and represented the interests of the employees. The Commission also determined that the procedural requirements had been met, as the agreement had been negotiated and finalised through a process that complied with the Act. However, the Commission found that certain provisions of the agreement were not compliant with the substantive requirements of the Act, particularly in relation to the terms regarding the payment of wages and conditions of employment. As a result, the Commission varied the agreement to ensure compliance with the Act before approving the agreement.

The Fair Work Commission approved the Baxters Foods Australia Enterprise Agreement 2020, subject to variations made to ensure compliance with the Fair Work Act 2009. The variations included the removal of certain clauses that did not comply with the Act, as well as the inclusion of additional provisions to ensure the agreement met the requirements for registration. The respondents' objections were dismissed, and the agreement was registered as a valid enterprise agreement.

Baxters Foods Australia Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

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Legal Principle Established