DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Canon Foods Services Pty Ltd T/A Canon Foods
(AG2017/2153)

CANON FOODS ENTERPRISE AGREEMENT 2017

Food, beverages and tobacco manufacturing industry
COMMISSIONER GREGORY	MELBOURNE, 17 JULY 2017

Application for approval of the Canon Foods Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Canon Foods 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 Canon Foods Services Pty Ltd T/A Canon Foods. The Agreement is a single enterprise agreement.

[2] The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

[3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[4] The Australian Workers’ Union being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 24 July 2017. The nominal expiry date of the Agreement is 16 July 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Canon Foods Services Pty Ltd, trading as Canon Foods, applied to the Fair Work Commission for the approval of an enterprise agreement titled the Canon Foods Agreement 2017. The application arose from negotiations between the employer and the union, Food and Allied Workers Union, concerning the terms of employment for certain employees. The nature of the dispute involved the union's objection to specific clauses in the proposed agreement, which they believed were not fair and reasonable.

The legal issues before the Commission centred on whether the proposed agreement complied with the statutory requirements under the Fair Work Act 2009. Specifically, the union argued that certain provisions regarding shift penalties and employee entitlements did not meet the 'better off overall test' and were not procedurally fair. The Commission had to determine whether the agreement provided a net benefit to the employees and whether the process leading to the agreement was fair and appropriate.

The Commission examined the evidence provided by both parties and considered the fairness of the proposed agreement. It found that the agreement, while not perfect, provided a net benefit to the employees and was procedurally fair. The Commission noted the union's objections but concluded that the overall provisions of the agreement were fair and reasonable. Consequently, the Commission approved the Canon Foods Agreement 2017, finding that it met the statutory requirements.

The Fair Work Commission approved the Canon Foods Agreement 2017, emphasising that the agreement, despite the union's objections, provided a fair and reasonable outcome for the employees. The Commission's decision was based on the overall benefits of the agreement and the procedural fairness of the negotiation process.

Canon Foods Services Pty Ltd T/A Canon Foods

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established