DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Baxters Foods Australia Pty Ltd
(AG2016/4296)

BAXTERS FOOD AUSTRALIA (CAMPBELLFIELD) ENTERPRISE AGREEMENT 2016

Food, beverages and tobacco manufacturing industry
COMMISSIONER GREGORY	MELBOURNE, 14 OCTOBER 2016

Application for approval of the Baxters Food Australia (Campbellfield) Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Baxters Food Australia (Campbellfield) Enterprise Agreement 2016 (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 Applicant 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.

[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] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] 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.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 21 October 2016. The nominal expiry date of the Agreement is 30 June 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Baxters Foods Australia Pty Ltd sought approval for the Baxters Food Australia (Campbellfield) Enterprise Agreement 2016, which was to be made part of an existing enterprise agreement. The application was made to the Fair Work Commission, which was required to determine whether the agreement met the requirements of the Fair Work Act 2009. The applicant argued that the agreement was a genuine enterprise agreement, as defined in the Act, and that it should be approved as such. The Fair Work Commission was tasked with examining the evidence presented and determining whether the agreement complied with the relevant statutory provisions.

The central legal issue before the Commission was whether the enterprise agreement met the criteria for approval under the Fair Work Act 2009. Specifically, the Commission needed to assess whether the agreement was a genuine enterprise agreement, which requires that it be made by parties that are genuinely seeking to make an agreement and that it meets the requirements set out in the Act. The Commission also had to consider whether the agreement was in the interests of the employees covered by it.

The Commission found that the agreement was genuinely made by the parties involved and that it met the requirements of the Fair Work Act 2009. The Commission concluded that the agreement was in the interests of the employees, as it provided for fair and reasonable terms and conditions of employment. The Commission approved the agreement, making it part of the existing enterprise agreement. The Commission noted that the agreement provided for a fair and reasonable process for resolving disputes between the parties and that it included provisions for the protection of employees' rights. The Commission was satisfied that the agreement would promote harmonious, productive and cooperative workplace relations.

The Fair Work Commission approved the Baxters Food Australia (Campbellfield) Enterprise Agreement 2016, making it part of the existing enterprise agreement. The Commission found that the agreement was genuinely made by the parties and met the requirements of the Fair Work Act 2009. The Commission was satisfied that the agreement was in the interests of the employees and would promote harmonious, productive and cooperative workplace relations. The agreement now forms part of the existing enterprise agreement, providing a framework for the employment relationship between the parties.

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