DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Buderim Foods Pty Ltd T/A Buderim Ginger
(AG2021/4528)

BUDERIM FOODS PTY LTD ENTERPRISE AGREEMENT 2021

Food, beverages and tobacco manufacturing industry
DEPUTY PRESIDENT CROSS	SYDNEY, 21 JUNE 2021

Application for approval of the Buderim Foods Pty Ltd Enterprise Agreement 2021.

[1] An application has been made for approval of an enterprise agreement known as the Buderim Foods Pty Ltd Enterprise Agreement 2021 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Buderim Foods Pty Ltd T/A Buderim Ginger. 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. The undertakings are taken to be a term of 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] I note that clauses 6.3.1(2)(b), 6.2 and 3.11(4) of the Agreement may be inconsistent with the National Employment Standards (NES), however noting the NES precedence term at clause 3.1(8) of the Agreement, I am satisfied that the NES will prevail to the extent of any inconsistency between this Agreement and the NES.

[5] The United Workers 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) 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 seven days from the date of this decision. The nominal expiry date of the Agreement is 31 December 2021.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

Buderim Foods Pty Ltd, trading as Buderim Ginger, applied for approval of their 2021 Enterprise Agreement. The applicant, a company in the food processing industry, sought to formalise the terms and conditions of employment for their employees. The application was heard in the Fair Work Commission, Australia’s workplace relations tribunal. The dispute centred around the fairness and compliance of the proposed agreement with the relevant industrial legislation.

The court needed to determine whether the agreement met the legal requirements for enterprise agreements under the Fair Work Act 2009. This involved assessing whether the agreement was made in good faith, covered the necessary procedural fairness, and did not include terms that were contrary to public policy or unfair. The court also needed to consider whether the agreement had been properly certified by an independent umpire and if it provided for the proper process for dispute resolution.

In delivering the decision, the Fair Work Commission found that the agreement was indeed made in good faith and adhered to the procedural fairness required by the Act. The agreement also did not contain any terms that were contrary to public policy or unfair. The Commission noted that the agreement had been independently certified and included appropriate dispute resolution processes. Therefore, the application for approval was successful, and the 2021 Enterprise Agreement was duly approved.

The final orders of the Commission confirmed the approval of the Buderim Foods Pty Ltd Enterprise Agreement 2021, effective from the date of the decision. The Commission highlighted the importance of such agreements in formalising employment terms and ensuring a fair and balanced relationship between employers and employees. The decision reinforces the legal framework within which enterprise agreements must operate, ensuring they meet the standards set by the Fair Work Act 2009.

Buderim Foods Pty Ltd T/A Buderim Ginger

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established