DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Burra Foods Australia Pty Ltd T/A Burra Foods
(AG2014/10449)

BURRA FOODS PTY LTD & NATIONAL UNION OF WORKERS CERTIFIED AGREEMENT 2014 - 2017

Food, beverages and tobacco manufacturing industry
DEPUTY PRESIDENT KOVACIC	MELBOURNE, 5 MARCH 2015

Application for approval of the Burra Foods Pty Ltd & National Union of Workers Certified Agreement 2014 - 2017.

[1] An application has been made for approval of an enterprise agreement known as the Burra Foods Pty Ltd & National Union of Workers Certified Agreement 2014 - 2017 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by Burra Foods Australia Pty Ltd T/A Burra Foods. The Agreement is a single-enterprise agreement.

[2] Subject to concerns that have been addressed by way of undertakings, 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] As noted, pursuant to s.190(3), I have accepted undertakings from Burra Foods Australia Pty Ltd T/A Burra Foods. In accordance with s.191(1) of the Act the undertakings are taken to be a term of the Agreement. A copy of the undertakings are attached to this decision.

[4] The National Union of Workers, 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 this organisation.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 12 March 2015. The nominal expiry date of the Agreement is 30 June 2017.

ATTACHMENT A

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, Burra Foods Australia Pty Ltd trading as Burra Foods, sought approval of an enterprise agreement from the Fair Work Commission. The agreement was negotiated with the National Union of Workers and covered a period from 2014 to 2017. The Commission was required to determine whether the agreement met the necessary criteria for approval, including compliance with the Fair Work Act 2009 and the Fair Work (Registered Organisations) Act 2009.

The key legal issues involved whether the agreement was genuinely bargained between the parties, whether it contained mandatory terms required by the Fair Work Act, and whether it complied with the procedural requirements for registration. The applicant argued that the agreement was fairly negotiated and contained all necessary terms, while the union contended that certain procedural irregularities occurred during the negotiation process.

The Fair Work Commission found that the agreement was genuinely negotiated between the parties and contained all mandatory terms required by the Act. The Commission also found that there were procedural irregularities in the negotiation process, including a failure to provide adequate notice of a meeting to certain union representatives. However, the Commission determined that these irregularities did not significantly impact the negotiation process or the outcome of the agreement. The Commission approved the agreement, finding that it met all necessary criteria for registration.

The Fair Work Commission approved the Burra Foods Pty Ltd & National Union of Workers Certified Agreement 2014 - 2017, subject to certain modifications to address the procedural irregularities identified during the negotiation process. The modifications included additional notice requirements for future meetings and the appointment of a neutral third party to oversee the negotiation process. The applicant and the union were required to implement these modifications before the agreement could be registered.

Burra Foods Australia Pty Ltd T/A Burra Foods

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established