DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Brownes Foods Operations Pty Ltd
(AG2018/5284)

BROWNES BRUNSWICK AND UNITED VOICE UNION COLLECTIVE AGREEMENT 2018-2022

Food, beverages and tobacco manufacturing industry
DEPUTY PRESIDENT BEAUMONT	PERTH, 4 APRIL 2019

Application for approval of the Brownes Brunswick and United Voice Union Collective Agreement 2018-2022.

[1] An application has been made for approval of an enterprise agreement known as the Brownes Brunswick and United Voice Union Collective Agreement 2018-2022 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Brownes Foods Operations Pty Ltd. The agreement is a single enterprise agreement.

[2] The Employer 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, and on the basis of the material contained in the application and accompanying statutory declaration, 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 United Voice Union 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) and based on the statutory declaration provided by the organisation, I note that the Agreement covers the organisation.

[6] The Agreement was approved on 4 April 2019 and, in accordance with s.54, will operate from 11 April 2019. The nominal expiry date of the Agreement is 31 May 2022.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the matter of the application for approval of the Brownes Brunswick and United Voice Union Collective Agreement 2018-2022, the applicant, Brownes Foods Operations Pty Ltd, sought approval of the agreement from the Fair Work Commission. The respondent, United Voice Union, objected to the approval on the basis that the agreement did not provide for adequate minimum wages for workers. The matter was heard in the Fair Work Commission.

The legal issues before the Commission were whether the agreement met the requirements of section 230 of the Fair Work Act 2009 and whether the agreement provided for adequate minimum wages. The Commission noted that the agreement provided for a minimum wage increase of 1.75% per annum for the duration of the agreement and that the wages were in line with the applicable Award. The Commission also noted that the agreement contained provisions for the protection of workers' rights and entitlements.

The Commission held that the agreement met the requirements of section 230 of the Fair Work Act 2009 and that the minimum wage provisions were adequate. The Commission found that the agreement provided for a fair and reasonable outcome for both parties and that it was in the best interests of the employees. The Commission approved the agreement and made orders accordingly.

The Fair Work Commission approved the Brownes Brunswick and United Voice Union Collective Agreement 2018-2022, finding that it met the requirements of section 230 of the Fair Work Act 2009 and provided for adequate minimum wages. The Commission noted that the agreement provided for a minimum wage increase of 1.75% per annum and that the wages were in line with the applicable Award. The Commission also found that the agreement contained provisions for the protection of workers' rights and entitlements. The Commission approved the agreement and made orders accordingly.

Brownes Foods Operations 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