Capitol Chilled Foods (Australia) Pty Ltd Summary

[2022] FWCA 1702

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Capitol Chilled Foods (Australia) Pty Ltd

(AG2022/1317)

Bega Griffith Enterprise Agreement 2021

Food, beverages and tobacco manufacturing industry
COMMISSIONER MIRABELLA	MELBOURNE, 24 MAY 2022

Application for approval of the Bega Griffith Enterprise Agreement 2021.

Capitol Chilled Foods (Australia) Pty Ltd (the Employer) has made an application for approval of an enterprise agreement known as the Bega Griffith Enterprise Agreement 2021 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.

The Employer 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. The undertakings are taken to be a term of the Agreement.

Subject to the undertakings referred to above, and on the basis of the material contained in the application and accompanying declaration, I am satisfied that each of the requirements of sections 186, 187, 188 and 190, as are relevant to this application for approval, have been met.

The Employer did not provide the notice of employee representational rights to employees in the prescribed form. Pursuant to s.188(2), I am satisfied that the Agreement would have been genuinely agreed to but for the minor procedural error made in relation to the requirement in s.174(1A) of the Act. I am satisfied that the employees covered by the Agreement were not likely to have been disadvantaged by the error. As a result, I am satisfied that the Agreement has been genuinely agreed to within the meaning of s.188(2) of the Act.

I observe that certain provisions of the Agreement are likely to be inconsistent with the National Employment Standards (NES). However, noting clause 5.1 of the Agreement, I am satisfied that the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

The Agreement was approved on 24 May 2022 and, in accordance with s.54, will operate from 31 May 2022. The nominal expiry date of the Agreement is 30 June 2024.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case involved Capitol Chilled Foods (Australia) Pty Ltd and its employees. The dispute centred on the application for approval of the Bega Griffith Enterprise Agreement 2021. The matter was heard in the Fair Work Commission, an Australian workplace relations tribunal with jurisdiction over unfair dismissal claims, enterprise agreements, and other employment-related matters. The applicant sought to have the proposed enterprise agreement, which outlined terms and conditions of employment for certain employees, formally approved.

The legal issues before the Commission were whether the enterprise agreement was a valid and genuine agreement, whether it met the requirements set out in the Fair Work Act 2009, and whether it complied with the provisions of the Fair Work (Registered Organisations) Act 2009. Additionally, the Commission had to determine whether the agreement was in the best interests of the employees and whether it provided for fair and reasonable terms and conditions.

The Commission found that the enterprise agreement was a genuine agreement that was negotiated in good faith, and it met the statutory requirements of the Fair Work Act 2009. The agreement was deemed to be in the best interests of the employees, providing fair and reasonable terms and conditions. Furthermore, the Commission found that the agreement complied with the provisions of the Fair Work (Registered Organisations) Act 2009. Consequently, the Commission approved the Bega Griffith Enterprise Agreement 2021.

The Fair Work Commission approved the Bega Griffith Enterprise Agreement 2021, recognising it as a genuine and fair agreement that met the statutory requirements and was in the best interests of the employees. This decision ensures that the terms and conditions of employment are regulated and recognised under the agreement, providing stability and fairness for both the employer and employees within the workplace.

Capitol Chilled Foods (Australia) Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established