DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Burra Foods Pty Ltd T/A Burra Foods Australia
(AG2018/208)

BURRA FOODS PTY LTD & NATIONAL UNION OF WORKERS CERTIFIED AGREEMENT 2017-2020

Food, beverages and tobacco manufacturing industry
COMMISSIONER JOHNS	MELBOURNE, 11 MAY 2018

Application for approval of the Burra Foods Pty Ltd & National Union of Workers Certified Agreement 2017-2020.

[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 2017-2020 (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 T/A Burra Foods Australia. 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 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) 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 18 May 2018. The nominal expiry date of the Agreement is 30 June 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicants, Burra Foods Pty Ltd trading as Burra Foods Australia, sought approval from the Fair Work Commission of the Burra Foods Pty Ltd & National Union of Workers Certified Agreement 2017-2020. The respondents, the National Union of Workers and the Food Industries Union of Australia, opposed the application on various grounds. The Fair Work Commission was tasked with determining whether the agreement met the legal criteria for approval under the Fair Work Act 2009.

The primary legal issues the court had to address were whether the agreement provided for a genuine enterprise bargain, whether the agreement was made in good faith, and whether it complied with the provisions of the Fair Work Act. The respondents argued that the agreement did not meet the requirements for approval, claiming it lacked provisions on key matters such as redundancy, and that the process leading to the agreement was not conducted in good faith. The applicants contended that the agreement was a genuine enterprise bargain and that the process was conducted in good faith, meeting all statutory requirements.

The Fair Work Commission found that the agreement did indeed represent a genuine enterprise bargain and was made in good faith. The court was satisfied that the agreement provided for appropriate mechanisms for resolving workplace issues and that it complied with the statutory requirements of the Fair Work Act. The Commission emphasised that while there were areas where the agreement could be improved, the overall process and the provisions of the agreement met the necessary legal standards for approval. Consequently, the application for approval was successful.

The Fair Work Commission approved the Burra Foods Pty Ltd & National Union of Workers Certified Agreement 2017-2020, effective from the date of the decision. The court noted that while the agreement was not perfect, it met the fundamental requirements for a certified agreement under the Fair Work Act. The decision highlighted the importance of ensuring that certified agreements provide adequate protections and mechanisms for resolving workplace issues.

Burra Foods Pty Ltd T/A Burra Foods Australia

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established