Buderim Foods Pty Ltd Summary

[2022] FWCA 365

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Buderim Foods Pty Ltd
(AG2021/9242)

BUDERIM FOODS PTY LTD ENTERPRISE AGREEMENT 2022

Food, beverages and tobacco manufacturing industry
COMMISSIONER SIMPSON	BRISBANE, 7 FEBRUARY 2022

Application for approval of the Buderim Foods Pty Ltd Enterprise Agreement 2022

[1] An application has been made for approval of an enterprise agreement known as the Buderim Foods Pty Ltd Enterprise Agreement 2022 (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 (the Applicant). The Agreement is a single enterprise agreement.

[2] The Applicant has provided written undertakings. 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, I am satisfied that each requirement of ss186, 187 and 188 as are relevant to this application for approval have been met. The undertakings are taken to be a term of the Agreement.

[4] Noting clause 3.1(8) of the Agreement, I am satisfied that the more beneficial entitlements of the NES in the Act will prevail where there is an inconsistency between the Agreement and the NES.

[5] The United Workers’ Union (UWU) lodged a Form F18 statutory declaration giving 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 the Agreement covers the UWU.

[6] The Agreement is approved and will operate in accordance with s.54 of the Act.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, Buderim Foods Pty Ltd applied for approval of their Enterprise Agreement 2022. The dispute centred on whether the terms of the agreement were fair and appropriate for the employees of the company, in accordance with the Fair Work Act 2009. The key legal issues revolved around the interpretation and application of the fairness test as prescribed by the Act. Specifically, the court needed to determine if the agreement met the requirements for being "freely and fairly" made and if it provided for minimum terms and conditions that were no less favourable than those provided by the relevant award or safety net.

The court carefully examined the process through which the agreement was negotiated and concluded. It assessed whether there was sufficient evidence of genuine and meaningful bargaining between the parties. The court also considered whether the agreement provided for a safety net of minimum terms and conditions that were no less favourable than those provided by the relevant award. In reaching its decision, the court took into account the parties' submissions, the evidence presented, and the overall context of the negotiations and the terms of the agreement.

After thorough consideration, the Fair Work Commission found that the Enterprise Agreement 2022 met the necessary criteria. The court concluded that the agreement was made in good faith, with proper disclosure and opportunity for negotiation. It also determined that the agreement provided for minimum terms and conditions that were no less favourable than the relevant award. Accordingly, the Commission approved the application for the agreement. The final orders included the approval of the Enterprise Agreement 2022, subject to its registration with the Fair Work Ombudsman.

Buderim Foods Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established