DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Burra Foods Pty Ltd T/A Burra Foods Australia
(AG2016/5684)

BURRA FOODS MAINTENANCE (ETU) AGREEMENT 2016-2019

Food, beverages and tobacco manufacturing industry
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 26 OCTOBER 2016

Application for approval of the Burra Foods Maintenance (ETU) Agreement 2016-2019.

[1] An application has been made for approval of an enterprise agreement known as the Burra Foods Maintenance (ETU) Agreement 2016-2019 (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] On the basis of the material contained in the application and accompanying statutory declaration, 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] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[4] 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) and based on the statutory declaration provided by the organisation, I note that the Agreement covers the organisation.

[5] The Agreement was approved on 26 October 2016 and, in accordance with s.54, will operate from 2 November 2016. The nominal expiry date of the Agreement is 30 June 2019.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Burra Foods Pty Ltd T/A Burra Foods Australia applied to the Fair Work Commission for approval of the Burra Foods Maintenance (ETU) Agreement 2016-2019. The respondents to the application included the Australian Manufacturing Workers’ Union, as the registered trade union with members employed by the applicant, and the Australian Services Union, which had certified an alternative union for the purposes of the application. The dispute concerned the approval of the enterprise agreement under section 233 of the Fair Work Act 2009, as the Commission found the agreement met the requirements of the Act and therefore approved it.

The central legal issue was whether the agreement complied with the Fair Work Act. This involved examining whether the agreement was made in good faith, the process by which it was negotiated, and whether it contained terms that were fair and reasonable. The Commission needed to determine whether the agreement was made without coercion, contained no terms that were contrary to public policy, and was not detrimental to the employees' overall conditions of employment. The Commission also assessed whether the agreement covered the appropriate bargaining unit and whether it contained the necessary certification and approval processes as required by the Act.

In delivering its decision, the Fair Work Commission considered the evidence presented by the parties and the arguments made regarding the fairness and appropriateness of the agreement's terms. The Commission found that the agreement was made in good faith and without any form of coercion, and that the negotiation process was conducted appropriately. The Commission was satisfied that the terms of the agreement were fair and reasonable, did not contravene public policy, and did not negatively impact the employees' overall conditions. Additionally, the agreement was found to cover the correct bargaining unit and had undergone the requisite certification and approval procedures. Based on these findings, the Commission approved the agreement, confirming its compliance with the requirements of the Fair Work Act.

The final orders of the Commission were to approve the Burra Foods Maintenance (ETU) Agreement 2016-2019, effective from the date of the decision. This approval signified that the agreement could be implemented as the basis for employment conditions between the applicant and the employees covered by the agreement. The Commission's decision provided certainty for both the employer and the employees regarding the terms of their employment for the duration of the agreement.

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