Capilano Honey Limited

[2018] FWCA 4964

FAIR WORK COMMISSION

decision

Fair Work Act 2009

s.185—Enterprise agreement

Capilano Honey Limited

(AG2018/1541)

Capilano Enterprise Agreement 2019

Food, beverages and tobacco manufacturing industry
Commissioner Lee	MELBOURNE, 27 August 2018

Application for approval of the Capilano Enterprise Agreement 2019.

An application has been made for approval of an enterprise agreement known as the Capilano Enterprise Agreement 2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Capilano Honey Limited. 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.

I observe the following provisions are likely to be inconsistent with the National Employment Standards (NES):

· Clause 5.1(6) – cashing out of annual leave; and
· Clause 2.1.8 – redundancy payable where alternative employment obtained.

However, noting clause 1.3 of the Agreement, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

The National Union of Workers 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.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 3 September 2018. The nominal expiry date of the Agreement is 31 March 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, Capilano Honey Limited sought approval for the Capilano Enterprise Agreement 2019. The applicant, a company involved in the production and sale of honey, was represented by legal counsel, while the respondents, who included various unions representing the workers, were also represented. The agreement in question was intended to govern the terms and conditions of employment for the workers involved. The dispute centred on the interpretation and application of the Fair Work Act 2009, with the primary focus being on whether the agreement met the requirements for approval under the legislation.

The legal issues that the Commission was required to decide included whether the agreement provided for the proper negotiation process, whether it contained the necessary minimum terms and conditions, and whether it complied with the procedural requirements for registration. The Commission also had to consider whether the agreement was in the best interests of the employees, particularly in light of any potential detriments that might arise from its implementation. Additionally, the Commission needed to assess whether the agreement appropriately balanced the interests of both the employer and the employees.

In delivering its decision, the Commission examined the evidence presented by both parties and considered the relevant provisions of the Fair Work Act. The Commission found that the agreement had been negotiated in good faith and contained the necessary minimum terms and conditions. It also concluded that the agreement complied with the procedural requirements for registration and was in the best interests of the employees, despite some minor detriments. The Commission noted that the agreement provided for a fair and reasonable set of terms and conditions that took into account the specific circumstances of the workplace. As a result, the Commission approved the Capilano Enterprise Agreement 2019, and the applicant's application was successful.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established