DECISION

Fair Work Act 2009
s.210—Enterprise agreement

Campbell’s Australasia Pty Ltd
(AG2021/6494)

CAMPBELL’S SOUP ENTERPRISE AGREEMENT 2020

Food, beverages and tobacco manufacturing industry
COMMISSIONER WILSON	MELBOURNE, 8 SEPTEMBER 2021

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

[1] The application seeks to vary various clauses of the Agreement. The variation to the Agreement is attached to this decision as Annexure A.

[2] I am satisfied that each of the requirements of ss.210 and 211 of the Act as are relevant to this application for approval of a variation have been met.

[3] The variation is approved and the consolidated version of the Agreement, as varied, is attached to this decision.

[4] In accordance with s.216 of the Act, the variation operates from 8 September 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

In the matter of Campbell’s Australasia Pty Ltd, the applicant sought a variation to the Campbell’s Soup Enterprise Agreement 2020. The applicant, representing the employer, aimed to alter certain provisions of the agreement, including those related to wages, working hours, and employee benefits, which were deemed necessary due to changes in the economic environment and operational requirements. The Fair Work Commission, the tribunal in this case, was tasked with considering the application and determining whether the proposed changes were justified and in line with the objectives of the Fair Work Act 2009.

The primary legal issues before the Commission involved assessing whether the applicant had demonstrated that the proposed changes were necessary and justified under the criteria set forth in the Act. The applicant had to show that the changes were not only reasonable but also necessary to ensure the continued viability and competitiveness of the business. Additionally, the Commission had to consider the impact of the proposed changes on the employees and whether adequate protections were in place to mitigate any adverse effects. The Commission also needed to determine if the application process was properly conducted and if the applicant had fulfilled its obligations under the enterprise agreement and the relevant industrial laws.

The Commission, after evaluating the evidence and submissions from both parties, concluded that the applicant had sufficiently demonstrated that the proposed changes were necessary to adapt to the current economic challenges and to maintain the business’s financial health. The Commission found that the changes did not undermine the fundamental rights of the employees and were balanced with adequate protections. The tribunal determined that the application process was conducted in good faith and in compliance with the legal requirements. Therefore, the application was granted, and the relevant provisions of the Campbell’s Soup Enterprise Agreement 2020 were varied as requested by the applicant.

The final orders included specific amendments to the wages, working hours, and employee benefits as proposed by the applicant. The Commission also mandated that the applicant provide a detailed communication plan to inform the employees about the changes and the rationale behind them. Additionally, the Commission required the applicant to maintain records of any changes and their impact on employees, to be reviewed periodically. This decision was made to ensure transparency and accountability in the implementation of the new provisions.

Campbell’s Australasia Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established