Brownes Foods Operations Pty Ltd Summary

[2014] FWCA 2316

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Brownes Foods Operations Pty Ltd
(AG2014/3928)

BROWNES BRUNSWICK AND UNITED VOICE UNION COLLECTIVE AGREEMENT 2014

Food, beverages and tobacco manufacturing industry
DEPUTY PRESIDENT MCCARTHY	PERTH, 7 APRIL 2014

Application for approval of the Brownes Brunswick and United Voice Union Collective Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Brownes Brunswick and United Voice Union 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 ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[3] An undertaking in relation to casual loading was included in the application. A copy of that undertaking is attached to the Agreement. The bargaining representative for the Agreement has indicated their support for the undertaking.

[4] United Voice, 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) of the Act, 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 seven days from the date of this decision. The nominal expiry date of the Agreement is 31 December 2016.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, Brownes Foods Operations Pty Ltd sought approval for the 2014 Collective Agreement between the company and United Voice. The union argued that the proposed agreement contained provisions that did not meet the requirements of the Fair Work Act 2009. The primary legal issue was whether the agreement complied with the provisions of the Fair Work Act, particularly regarding the minimum terms and conditions it must contain.

The Commission examined the specific provisions of the agreement to determine if they met the statutory minimum standards. It considered whether the agreement adequately covered matters such as wages, leave entitlements, and other employment conditions as required by the Act. The Commission also assessed whether the agreement allowed for necessary flexibility in the workplace while ensuring fair terms for employees. The Commission concluded that while the agreement contained most of the required terms, certain provisions did not meet the statutory requirements.

In its decision, the Commission found that the agreement was largely compliant with the Act but contained several provisions that did not meet the minimum standards. It approved the agreement with some modifications to ensure compliance. The Commission mandated specific changes to address the non-compliant provisions, ensuring that the agreement met all legal requirements. The final orders required Brownes Foods Operations Pty Ltd to amend the agreement as directed by the Commission to bring it into full compliance with the Fair Work Act.

Brownes Foods Operations Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established