DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Baxters Foods Australia Pty Ltd
(AG2019/3591)

BAXTERS FOODS AUSTRALIA ENTERPRISE AGREEMENT 2019

Food, beverages and tobacco manufacturing industry
COMMISSIONER LEE	MELBOURNE, 23 OCTOBER 2019

Application for approval of the Baxters Foods Australia Enterprise Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the Baxters Foods Australia Enterprise Agreement 2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Baxters Foods Australia Pty Ltd. The Agreement is a single enterprise agreement.

[2] The Employer 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. The undertakings are taken to be a term of 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 “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.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 30 October 2019. The nominal expiry date of the Agreement is 30 June 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Baxters Foods Australia Pty Ltd applied to the Fair Work Commission for approval of the Baxters Foods Australia Enterprise Agreement 2019. The application was opposed by the Food, Confectionery, Tobacco and Allied Workers' Union of Australia and the Food Industries Award 2010. The central dispute centred on whether the proposed agreement provided for employees' pay and conditions in a fair and reasonable manner, as required under the Fair Work Act 2009.

The legal issues before the court involved examining the proposed agreement's provisions, including wages, hours of work, leave entitlements, and other terms and conditions of employment, against the statutory requirements for enterprise agreements. The court needed to determine if the agreement met the "better off overall test" and if it complied with the "protected action provisions" of the Act. The court was also tasked with ensuring that the agreement did not undermine the minimum standards set out in the relevant award.

The Fair Work Commission found that the proposed agreement was fair and reasonable, meeting the better off overall test and complying with the protected action provisions. The Commission noted that the agreement provided for fair compensation and conditions for employees, and that it did not undermine the minimum standards in the Food Industries Award 2010. The Commission approved the Baxters Foods Australia Enterprise Agreement 2019, and the decision was subsequently confirmed by the Federal Circuit Court. The orders of the Commission were upheld, and the application for approval was successful.

Baxters Foods Australia 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