Campbell's Australasia Pty Limited T/A Campbell’s Soup Australia

[2024] FWCA 1206

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

Campbell's Australasia Pty Limited T/A Campbell’s Soup Australia

(AG2024/895)

CAMPBELL'S SOUP ENTERPRISE AGREEMENT 2023

Food, beverages and tobacco manufacturing industry
COMMISSIONER JOHNS	MELBOURNE, 4 APRIL 2024

Application for approval of the Campbell's Soup Enterprise Agreement 2023

An application has been made for approval of an enterprise agreement known as the Campbell’s Soup Enterprise Agreement 2023 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Campbell’s Australasia Pty Limited T/A Campbell’s Soup Australia. The Agreement is a single enterprise agreement.

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.

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 (CEPU) 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.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 11 April 2024. The nominal expiry date of the Agreement is 31 March 2026.

COMMISSIONER
Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicants, Campbell's Australasia Pty Limited trading as Campbell's Soup Australia, sought approval for the Enterprise Agreement 2023. The dispute was centred around whether the agreement, which aimed to govern the employment terms of certain employees, met the statutory requirements under the Fair Work Act 2009. The Fair Work Commission, acting under its powers conferred by section 230 of the Act, heard the application. The legal issues before the Commission involved whether the enterprise agreement was made in good faith, whether it contained the required minimum terms, and if it was otherwise compliant with the statutory provisions.

The Commission first considered whether the agreement was made in good faith, examining the conduct of both parties during the negotiation process. It assessed whether the negotiations were conducted in a manner that was procedurally fair and whether there was a genuine attempt to reach an agreement. The Commission then examined the content of the agreement to determine if it contained all the mandated minimum terms, as stipulated by the Fair Work Act. Additionally, the Commission evaluated whether the agreement provided for appropriate mechanisms for resolving disputes and ensuring compliance, and whether it complied with other statutory requirements.

In its decision, the Commission found that the enterprise agreement was made in good faith, with both parties demonstrating a willingness to negotiate and reach a mutually acceptable outcome. The agreement was found to contain all the required minimum terms and provided for adequate dispute resolution mechanisms. The Commission concluded that the agreement was compliant with the Act and approved it accordingly. The Commission made an order approving the Campbell's Soup Enterprise Agreement 2023, which will now govern the employment terms of the relevant employees.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established