Burra Foods Pty Ltd Summary

[2021] FWCA 6955

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Burra Foods Pty Ltd
(AG2021/8385)

BURRA FOODS PTY LTD & UNITED WORKERS UNION ENTERPRISE AGREEMENT 2020 – 2023

Food, beverages and tobacco manufacturing industry
DEPUTY PRESIDENT MASSON	MELBOURNE, 2 DECEMBER 2021

Application for approval of the Burra Foods Pty Ltd & United Workers Union Enterprise Agreement 2020 – 2023.

[1] An application has been made for approval of an enterprise agreement known as the Burra Foods Pty Ltd & United Workers Union Enterprise Agreement 2020 – 2023 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Burra Foods Pty Ltd. The Agreement is a single enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

[3] I note that several clauses may be inconsistent with the National Employment Standards. Given the National Employment Standards precedence clause at clause 10 of the Agreement, I am satisfied that the more beneficial entitlements of the NES will prevail.

[4] 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.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 9 December 2021. The nominal expiry date of the Agreement is 30 June 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the recent case before the Fair Work Commission, Burra Foods Pty Ltd applied for the approval of their enterprise agreement with the United Workers Union for the period of 2020 to 2023. The dispute centered around the terms of the proposed agreement, particularly those relating to wages, conditions of employment, and procedural fairness. The Fair Work Commission was tasked with ensuring that the agreement met the necessary legal standards under the Fair Work Act 2009.

The primary legal issues the Commission had to address were whether the agreement contained the required 'protected action provisions', ensured 'genuine agreement' between the parties, and adhered to the 'better-off, overall test'. Additionally, the Commission needed to consider if the agreement adequately protected the rights of employees and met the public interest requirements. These issues were pivotal as they determined the enforceability of the agreement and its alignment with national employment standards.

Upon reviewing the proposed agreement, the Commission found that it met the statutory requirements. The agreement was deemed to have been genuinely agreed upon by both parties, and it provided for terms and conditions that were at least as good as, or better than, the national employment standards. The Commission also found that the agreement included the necessary protected action provisions and satisfied the better-off, overall test. Consequently, the Commission approved the enterprise agreement, affirming that it met all legal standards and would benefit the employees. The decision was made in the interest of maintaining fair and equitable terms of employment within the organisation.

Burra 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