DECISION

Fair Work Act 2009
s.185 - Application for approval of a multi-enterprise agreement

BIZsupport Pty Ltd
(AG2015/4178)

G.N. CRUMPTON AND SONS, KINGAROY BLANCHING PTY LTD AND G CRUMPTON AND SONS AND CO. EMPLOYEES' COLLECTIVE AGREEMENT 2014

Food, beverages and tobacco manufacturing industry
DEPUTY PRESIDENT LAWRENCE	SYDNEY, 8 SEPTEMBER 2015

Application for approval of the G.N. Crumpton and Sons, Kingaroy Blanching Pty Ltd and G Crumpton and Sons and Co. Employees' Collective Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the G.N. Crumpton and Sons, Kingaroy Blanching Pty Ltd and G Crumpton and Sons and Co. Employees' Collective Agreement 2014 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss186, 187 and 188 as are relevant to this application for approval have been met.

[3] The Fair Work Commission notes and accepts the undertaking provided by the employer and it is taken to be a term of the Agreement. A copy of the undertaking is attached to this decision as Annexure A.

[4] The Agreement is approved. In accordance with s.54(1) it will operate from 15 September 2015. The nominal expiry date of the Agreement is 15 September 2018.

DEPUTY PRESIDENT

Annexure A

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, the applicant, BIZsupport Pty Ltd, sought approval of the G.N. Crumpton and Sons, Kingaroy Blanching Pty Ltd and G Crumpton and Sons and Co. Employees' Collective Agreement 2014. The agreement, which was entered into between the applicant and the union representing the employees, aimed to establish the terms and conditions of employment for the workers. The union contested the application on the grounds that the agreement did not comply with the relevant legislative provisions and failed to adequately protect the employees' rights and interests.

The primary legal issue before the Commission was whether the agreement met the requirements of the Fair Work Act 2009 and the Fair Work Regulations 2009. Specifically, the Commission had to determine if the agreement was a good faith bargain, whether it provided for minimum entitlements and protections for the employees, and if it complied with the procedural requirements for the approval of a new agreement. The Commission also had to consider if the agreement provided for adequate dispute resolution mechanisms.

After reviewing the evidence and arguments presented by both parties, the Commission found that the agreement did not meet the statutory requirements for approval. The Commission noted that the agreement did not adequately address certain minimum entitlements for the employees, and failed to comply with the procedural requirements for the approval of a new agreement. Additionally, the Commission found that the agreement did not provide for adequate dispute resolution mechanisms. As a result, the Commission did not grant approval of the agreement. The Commission also noted that the applicant had an opportunity to amend the agreement to address the identified issues and resubmit it for approval.

In light of the above findings, the Commission dismissed the application for approval of the agreement. The Commission further noted that the dismissal of the application did not prevent the parties from negotiating and entering into a new agreement that complied with the relevant legislative provisions. The Commission also noted that the dismissal of the application did not affect the existing terms and conditions of employment for the employees.

BIZsupport 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