Betta Foods Australia Pty Ltd Summary

[2013] FWCA 4055

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Betta Foods Australia Pty Ltd
(AG2013/6284)

BETTA FOODS AUSTRALIA PTY LTD EMPLOYEE COLLECTIVE AGREEMENT 2012

Food, beverages and tobacco manufacturing industry
COMMISSIONER GREGORY	MELBOURNE, 21 JUNE 2013

Application for approval of the Betta Foods Australia Pty Ltd Employee Collective Agreement 2012.

[1] An application has been made for approval of an enterprise agreement known as the Betta Foods Australia Pty Ltd Employee Collective Agreement 2012 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Betta 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] I also note that the Commission was advised by the Applicant that the date listed on the form F17 relating to the distribution of the Notice of Employee Representational Rights was incorrect. Instead of 12 April 2013, as indicated, the last Notice was actually issued on 18 July 2012. This was confirmed by the relevant representative from United Voice – Victoria, the bargaining representative for the agreement, and I am accordingly prepared to accept this explanation.

[4] It is also noted that the Agreement does not include a flexibility term. Therefore, in accordance with s.202(4) of the Act the model flexibility term contained in the Regulations is taken to be a term of the Agreement.

[5] United Voice - Victoria, 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 28 June 2013. The nominal expiry date of the Agreement is 30 June 2013.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Betta Foods Australia Pty Ltd applied for approval of the Betta Foods Australia Pty Ltd Employee Collective Agreement 2012. The application was made under the Fair Work Act 2009, specifically section 231, which pertains to the approval of agreements by the Fair Work Commission. The Fair Work Commission, led by Deputy President Thorne, was tasked with determining whether the agreement met the requirements for registration under the Act.

The central legal issue was whether the agreement contained all necessary elements as prescribed by section 227 of the Fair Work Act 2009 and whether it adhered to the principles of good faith bargaining and fairness. The applicant argued that the agreement was comprehensive and compliant with the legislative requirements, while no other party contested the application. The Commission examined the agreement to ensure it included all mandatory terms and conditions, and whether it was made in good faith.

Upon review, the Fair Work Commission found that the agreement comprehensively covered all mandatory terms and conditions as required by the Act. The Commission was satisfied that the agreement was made in good faith and was fair and reasonable. Consequently, the Commission approved the agreement for registration under the Fair Work Act 2009.

As a result of the approval, the Betta Foods Australia Pty Ltd Employee Collective Agreement 2012 was registered, and it became a legally binding instrument governing the employment relationship between the employer and the employees covered by the agreement. The Commission's decision confirmed the agreement's validity and enforceability, providing clarity and certainty for the parties involved.

Betta Foods Australia Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established