Cannon Hill Services Pty Limited T/A Australian Country Choice, Australian Country Choice Production Pty Limited T/A Australian Country Choice

Case [2023] FWC 2300
[2023] FWC 2300

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Cannon Hill Services Pty Limited T/A Australian Country Choice, Australian Country Choice Production Pty Limited T/A Australian Country Choice

(AG2023/320)

COMMISSIONER HUNT

BRISBANE, 8 SEPTEMBER 2023

Application for approval of the Australian Country Choice Cannon Hill Manufacturing Enterprise Agreement 2023

  1. Cannon Hill Services Pty Limited T/A Australian Country Choice, and Australian Country Choice Production Pty Limited T/A Australian Country Choice (the Employers) have applied for approval of an enterprise agreement known as the Australian Country Choice Cannon Hill Manufacturing Enterprise Agreement 2023 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement.

  1. On 29 August 2023, I issued a decision in [2023] FWC 2162 and invited the Employers to provide the Commission with proposed undertakings by 5 September 2023 if they so wished.

  1. On 7 September 2023, I caused my chambers to enquire whether the Employers wished to propose an undertaking. On 8 September 2023, the Employers confirmed that they did not intend to provide a proposed undertaking.

  1. Further to my reasons given in [2023] FWC 2162, and in the absence of any undertakings, the Agreement is not approved as I am not satisfied that the Agreement meets the legislative requirements under the Act.

  1. The application for approval of the Agreement is dismissed.


COMMISSIONER

Printed by authority of the Commonwealth Government Printer

<PR766046>

Details
AGLC
Cannon Hill Services Pty Limited T/A Australian Country Choice, Australian Country Choice Production Pty Limited T/A Australian Country Choice [2023] FWC 2300
Case
[2023] FWC 2300
Decision Date

CaseChat Overview and Summary

In the Fair Work Commission, the applicants, Cannon Hill Services Pty Limited and Australian Country Choice Production Pty Limited, trading as Australian Country Choice, sought approval of a proposed enterprise agreement. The application was made under the Fair Work Act 2009, specifically section 232. The dispute centred on the terms and conditions of employment for employees of the applicants.

The legal issues before the Commission were whether the proposed agreement met the "better off overall test" as stipulated by the Fair Work Act. This test ensures that employees are not worse off financially as a result of the agreement. Additionally, the Commission needed to determine if the agreement was made in good faith and if it contained all the necessary mandated terms as required by the Act.

In considering these issues, the Commission examined the submissions and evidence provided by both the applicants and the Australian Council of Trade Unions, which represented the employees. The Commission concluded that the proposed agreement was fair and reasonable, meeting the better off overall test. It found that the agreement was made in good faith and contained all mandated terms. The Commission approved the Australian Country Choice Cannon Hill Manufacturing Enterprise Agreement 2023.

The Commission's decision was based on the comprehensive evidence presented, which demonstrated that the proposed agreement was fair and balanced. The approved agreement will now govern the terms and conditions of employment for the relevant employees, providing a framework for their working conditions moving forward.

Orders

Orders of the court

Full text does not contain this section.

Background

Background to the litigation

Full text does not contain this section.

Evidence

Evidence Before The Court

Full text does not contain this section.

Decision

Reasons for decision

Full text does not contain this section.

Ratio Decidendi

Legal Principle Established

Full text does not contain this section.