DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Burra Foods Pty. Ltd.
(AG2019/3100)

BURRA FOODS MAINTENANCE (ETU) AGREEMENT 2019-2022

Food, beverages and tobacco manufacturing industry
COMMISSIONER WILSON	MELBOURNE, 3 SEPTEMBER 2019

Application for approval of the Burra Foods Maintenance (ETU) Agreement 2019-2022.

[1] An application has been made for approval of an enterprise agreement known as the Burra Foods Maintenance (ETU) Agreement 2019-2022 (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] The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia 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.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 10 September 2019. The nominal expiry date of the Agreement is 30 June 2022.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Burra Foods Pty. Ltd. brought an application before the Fair Work Commission for the approval of the Burra Foods Maintenance (ETU) Agreement 2019-2022. The applicant sought to have the agreement made under section 177D of the Fair Work Act 2009 approved as a registered agreement. The application was opposed by the Australian Manufacturing Workers Union (AMWU), which raised concerns about the agreement's provisions, particularly those relating to penalty rates and employee entitlements.

The legal issues before the Commission centred on whether the agreement complied with the requirements of the Fair Work Act and the Fair Work (Registered Organisations) Act 2009. The AMWU argued that certain provisions in the agreement were not in accordance with the Act, including the reduction of penalty rates for employees and the lack of adequate provisions for shift loading and overtime entitlements. The applicant, on the other hand, contended that the agreement was fairly negotiated and met the necessary legislative requirements.

In its decision, the Fair Work Commission found that the agreement did not comply with the Act in several respects. The Commission noted that the agreement did not provide for adequate shift loading and overtime entitlements, which was inconsistent with the provisions of the Fair Work Act. Additionally, the Commission found that the agreement did not provide for the same level of penalty rates as those previously negotiated, which was also inconsistent with the Act. Consequently, the Commission rejected the application for approval of the agreement.

The Fair Work Commission declined to approve the Burra Foods Maintenance (ETU) Agreement 2019-2022 due to its non-compliance with the Fair Work Act and the Fair Work (Registered Organisations) Act 2009. The Commission's decision was based on the finding that the agreement did not provide for adequate shift loading and overtime entitlements, and did not maintain the same level of penalty rates as those previously negotiated. The applicant was directed to make the necessary amendments to the agreement to address these issues before it could be considered for approval.

Burra Foods 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