DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Campbell Australasia Pty Limited T/A Campbell’s Soups Australia
(AG2020/3640)

CAMPBELL’S SOUP ENTERPRISE AGREEMENT 2020

Food, beverages and tobacco manufacturing industry
COMMISSIONER WILSON	MELBOURNE, 11 DECEMBER 2020

Application for approval of the Campbell’s Soup Enterprise Agreement 2020.

[1] An application has been made for approval of an enterprise agreement known as the Campbell’s Soup Enterprise Agreement 2020 (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 T/A Campbell’s Soups 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 "Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union" known as the Australian Manufacturing Workers' Union and the 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 18 December 2020. The nominal expiry date of the Agreement is 31 March 2023.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the Fair Work Commission involved an application by Campbell Australasia Pty Limited, trading as Campbell’s Soups Australia, to approve an enterprise agreement. The agreement in question was the Campbell’s Soup Enterprise Agreement 2020, which aimed to set out the terms and conditions of employment for the company's employees. The application was made under section 232 of the Fair Work Act 2009, and the dispute centred around the fairness and appropriateness of the terms proposed in the agreement for the employees.

The legal issues the court had to determine were whether the proposed agreement met the criteria for direct registration under the Fair Work Act, specifically that the agreement did not harm employees in terms of their general entitlements and did not undermine the capacity of employees to resolve workplace issues. The court also had to consider whether the agreement appropriately addressed the bargaining needs of the parties and provided a fair and efficient method for resolving workplace issues.

In delivering the decision, the Fair Work Commission carefully examined the provisions of the proposed agreement against the statutory requirements. The Commission found that the agreement did not adversely affect employees' general entitlements, as it provided for a balanced distribution of benefits and obligations. The Commission also concluded that the agreement fostered an environment conducive to the resolution of workplace issues and maintained the capacity of employees to address such issues effectively. Furthermore, the agreement was deemed to appropriately address the bargaining needs of the parties and provided a fair and efficient method for resolving workplace issues. Based on these findings, the Commission approved the application for the agreement to be registered.

In conclusion, the Fair Work Commission approved the Campbell’s Soup Enterprise Agreement 2020 for registration, thereby setting out the terms and conditions for the employees of Campbell Australasia Pty Limited, trading as Campbell’s Soups Australia. The decision affirmed that the agreement met the necessary legal criteria for direct registration and would not harm the employees or impede their ability to resolve workplace issues.

Campbell Australasia Pty Limited T/A Campbell’s Soups Australia

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established