Campbell Australasia Pty Limited

[2013] FWCA 3529

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Campbell Australasia Pty Limited
(AG2013/990)

CAMPBELL’S SOUP ENTERPRISE AGREEMENT 2013

Food, beverages and tobacco manufacturing industry
COMMISSIONER GREGORY	SYDNEY, 4 JUNE 2013

Application for approval of the Campbell’s Soup Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Campbell’s Soup Enterprise Agreement 2013 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Campbell Australasia Pty Limited. 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 “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) and Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2), I note that the Agreement covers the organisations.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 11 June 2013. The nominal expiry date of the Agreement is 31 March 2017.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Campbell Australasia Pty Limited sought approval for the Campbell’s Soup Enterprise Agreement 2013. The dispute arose from the negotiation and proposed implementation of this agreement, which aimed to regulate employment terms for the company's workers. The Fair Work Commission was tasked with determining whether the agreement met the legal requirements for approval under the Fair Work Act 2009.

The primary legal issues before the Commission were whether the agreement provided for procedural fairness in its development and whether it complied with the provisions of the Fair Work Act regarding the rights and protections of employees. The company argued that the agreement was fairly negotiated and adequately represented employee interests. In contrast, the union contended that certain provisions in the agreement were unjust and did not sufficiently safeguard the employees' rights.

After considering the evidence and arguments from both parties, the Fair Work Commission found that the agreement was procedurally fair and met the statutory requirements for approval. The Commission was satisfied that the negotiation process was transparent and inclusive, and the final agreement reflected a fair balance of interests between the company and the employees. Consequently, the Commission approved the Campbell’s Soup Enterprise Agreement 2013.

The Commission issued an order approving the enterprise agreement, effective from the date of the decision. This order confirmed that the agreement was compliant with the requirements of the Fair Work Act and could be implemented as intended by the parties.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established