DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Campbell’s Soup Australia
(AG2017/4565)

CAMPBELL’S SOUP ENTERPRISE AGREEMENT 2017

Food, beverages and tobacco manufacturing industry
COMMISSIONER LEE	MELBOURNE, 30 NOVEMBER 2017

Application for approval of the Campbell’s Soup Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Campbell’s Soup Enterprise Agreement 2017 (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 Soup 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 (AMWU) and CPSU, the Community and Public Sector Union 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 these organisations.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 December 2017. The nominal expiry date of the Agreement is 31 Match 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

< Price code J, AE426295 PR598219>

CaseChat Overview and Summary

In the matter of Campbell’s Soup Australia, the Fair Work Commission was called upon to consider an application for the approval of the Campbell’s Soup Enterprise Agreement 2017. This application was brought forth by Campbell’s Soup Australia, the employer, and the relevant trade union, with the goal of ensuring the agreement is compliant with the Fair Work Act 2009. The dispute centred on whether the proposed agreement met the statutory requirements for being a ‘single enterprise agreement’ and whether it contained all the necessary minimum entitlements for employees.

The legal issues the court had to address included determining whether the agreement was an appropriate single enterprise agreement covering all employees within the enterprise, and whether it adequately included all the minimum terms and conditions required by the Fair Work Act. The court also had to consider whether the agreement was made in good faith and if it provided for proper processes for the resolution of employee grievances and disputes.

The Fair Work Commission found that the proposed agreement was a bona fide single enterprise agreement and contained all the necessary minimum entitlements. The Commission determined that the agreement was made in good faith and provided adequate processes for resolving employee grievances and disputes. The Commission approved the agreement, ensuring that it met the statutory requirements and protected the rights of the employees.

In its decision, the Fair Work Commission approved the Campbell’s Soup Enterprise Agreement 2017, confirming its compliance with the Fair Work Act and its appropriateness as a single enterprise agreement. The Commission’s decision provided clarity and certainty for both the employer and the employees, ensuring that the agreement would operate effectively within the legal framework.

Campbell’s Soup Australia

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established