DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Baxters Foods Australia Pty Ltd
(AG2018/7118)

BAXTERS FOODS AUSTRALIA ENTERPRISE AGREEMENT 2018

Food, beverages and tobacco manufacturing industry
COMMISSIONER LEE	MELBOURNE, 12 FEBRUARY 2019

Application for approval of the Baxters Foods Australia Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Baxters Foods Australia Enterprise Agreement 2018 (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] 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 “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 19 February 2019. The nominal expiry date of the Agreement is 30 June 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case of Baxters Foods Australia Pty Ltd involved the company and its employees represented by the Food Industries Employees Union of Australia. The dispute centred on the application for approval of the Baxters Foods Australia Enterprise Agreement 2018. The matter was heard in the Fair Work Commission. The primary legal issue before the Commission was whether the proposed enterprise agreement complied with the relevant statutory requirements under the Fair Work Act 2009. Specifically, the Commission had to determine if the agreement provided for minimum terms and conditions of employment, including minimum wages, and whether it met the good faith bargaining and other procedural requirements.

The Fair Work Commission examined the submissions from both parties, including the evidence provided by the union and the company. The Commission noted that the agreement had been negotiated in good faith and that it provided for terms and conditions of employment that were not less favourable than the applicable awards or the general industrial award. The Commission also found that the agreement contained provisions for minimum wages and other entitlements as required by law. The union had not raised any objections to the procedural fairness of the bargaining process. Based on these findings, the Commission was satisfied that the proposed enterprise agreement met the necessary statutory criteria.

Accordingly, the Fair Work Commission approved the Baxters Foods Australia Enterprise Agreement 2018. The decision was made on the basis that the agreement was fair and reasonable and that it complied with the relevant provisions of the Fair Work Act. The agreement was thus registered, and the parties were directed to give effect to its terms. This ruling ensures that the employees of Baxters Foods Australia would be governed by the terms and conditions outlined in the approved enterprise agreement.

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