DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Burst Foods Pty Ltd T/A Cobs Fine Foods
(AG2020/355)

COBS FINE FOODS ENTERPRISE AGREEMENT 2019

Food, beverages and tobacco manufacturing industry
COMMISSIONER YILMAZ	MELBOURNE, 1 APRIL 2020

Application for approval of the Cobs Fine Foods Enterprise Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the Cobs Fine Foods Enterprise Agreement 2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Burst Foods Pty Ltd T/A Cobs Fine Foods. The Agreement is a single enterprise agreement.

[2] The employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement. The undertakings are taken to be a term of the Agreement.

[3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 are relevant to this application for approval and have been met. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in ss.186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[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, will operate from 8 April 2020. The nominal expiry date of the Agreement is 7 April 2023.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Burst Foods Pty Ltd, trading as Cobs Fine Foods, applied to the Fair Work Commission for approval of the Cobs Fine Foods Enterprise Agreement 2019. The application involved a dispute regarding the terms and conditions of employment for the company's staff, particularly focusing on the classification of employees and the rates of pay. The Fair Work Commission was tasked with determining whether the agreement met the legal requirements under the Fair Work Act 2009.

The primary legal issues before the Commission were whether the enterprise agreement appropriately classified the employees and if the rates of pay were fair and reasonable. Additionally, the Commission needed to assess whether the agreement complied with the procedural requirements set out in the Act, including whether there had been genuine bargaining between the employer and the employees. The Commission also examined whether the agreement met the minimum standards prescribed by the National Employment Standards and whether it provided for appropriate dispute resolution mechanisms.

The Fair Work Commission found that the enterprise agreement appropriately classified the employees and that the rates of pay were fair and reasonable. The Commission noted that there had been genuine bargaining between Burst Foods and the employees, and the agreement met the procedural requirements under the Act. The Commission further found that the agreement provided for adequate dispute resolution mechanisms and did not fall below the minimum standards set out in the National Employment Standards. Consequently, the Commission approved the enterprise agreement.

The Fair Work Commission's final order was that the Cobs Fine Foods Enterprise Agreement 2019 be approved, with the approval effective from the date of the decision. This approval means that the terms and conditions set out in the agreement are legally binding on both Burst Foods and its employees, ensuring that the agreement is upheld in accordance with the Fair Work Act.

Burst Foods Pty Ltd T/A Cobs Fine Foods

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established