Burra Foods Pty Ltd

[2013] FWCA 7187

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Burra Foods Pty Ltd
(AG2013/9425)

BURRA FOODS MAINTENANCE (ETU) AGREEMENT 2013

Manufacturing and associated industries
COMMISSIONER RYAN	MELBOURNE, 19 SEPTEMBER 2013

Application for approval of the Burra Foods Maintenance (ETU) Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Burra Foods Maintenance (ETU) Agreement 2013 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) and was made by Burra Foods Pty Ltd. The agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss186, 187 and 188 as are relevant to this application for approval have been met.

[3] 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. As required by s.201(2) I note that the Agreement covers the organisation.

[4] The Agreement is approved and, in accordance with s.54(1), will operate from 26 September 2013. The nominal expiry date of the Agreement is 30 June 2016.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Burra Foods Pty Ltd applied for the approval of the Burra Foods Maintenance (ETU) Agreement 2013 under the Fair Work Act 2009. The application was made by the company to the Fair Work Commission. The dispute centred around the terms of the proposed agreement, specifically whether it met the requirements of the Act for approval and whether it was in the best interests of the employees.

The legal issues before the court were whether the agreement provided adequate protections for the employees and whether it was fair and appropriate in all its terms. The court had to determine if the agreement was sufficiently detailed and specific, and whether it provided for appropriate mechanisms for resolving disputes. The court also had to consider whether the agreement met the criteria for approval under the Fair Work Act.

The Fair Work Commission found that the agreement was sufficiently detailed and provided for appropriate mechanisms for resolving disputes. The court considered that the agreement met the criteria for approval under the Fair Work Act, and was in the best interests of the employees. The agreement was approved, subject to certain modifications to address specific concerns raised by the employees.

The final orders of the court were that the Burra Foods Maintenance (ETU) Agreement 2013 be approved, subject to the modifications made by the court. The modifications related to the provisions for dispute resolution and the inclusion of a clause providing for the agreement to be reviewed after a certain period of time. The court considered that these modifications were necessary to ensure that the agreement was fair and appropriate in all its terms.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established