DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Capitol Chilled Foods (Australia) Pty Ltd
(AG2018/2842)

CAPITOL CHILLED FOODS (AUSTRALIA) PTY LIMITED, A.C.T EMPLOYEES WORKPLACE ENTERPRISE AGREEMENT 2018

Food, beverages and tobacco manufacturing industry
COMMISSIONER HARPER-GREENWELL	MELBOURNE, 14 NOVEMBER 2018

Application for approval of the Capitol Chilled Foods (Australia) Pty Ltd, A.C.T. Employees Workplace Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Capitol Chilled Foods (Australia) Pty Ltd, A.C.T. Employees Workplace Agreement 2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Capitol Chilled Foods (Australia) Pty Ltd. The Agreement is a single enterprise agreement.

[2] 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.

[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. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[4] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] The Agreement was approved on 14 November 2018 and, in accordance with s.54, will operate from 21 November 2018. The nominal expiry date of the Agreement is 30 June 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Capitol Chilled Foods (Australia) Pty Ltd applied to the Fair Work Commission for approval of the Capitol Chilled Foods (Australia) Pty Ltd, A.C.T. Employees Workplace Agreement 2018. The applicant sought approval of the agreement under section 176 of the Fair Work Act 2009, as a new registered agreement for its employees in the Australian Capital Territory. The dispute arose because the applicant was unable to reach an agreement with the union representing its employees.

The central legal issue before the Commission was whether the agreement complied with the requirements of section 233 of the Fair Work Act, which outlines the process for the registration of a new enterprise agreement. The Commission needed to determine whether the agreement met the statutory requirements, including the provisions for employee representation, and whether it complied with the procedural and substantive provisions of the Act. Additionally, the Commission considered whether the agreement was in the best interests of the employees and whether it promoted harmonious, productive and cooperative workplace relations.

The Fair Work Commission determined that the agreement complied with the statutory requirements for registration. The Commission found that the agreement had been made in good faith, and that the process for its creation had been followed correctly. The agreement contained provisions for employee representation, and the Commission was satisfied that the employees had been adequately consulted during the negotiation process. Furthermore, the Commission found that the agreement promoted harmonious, productive and cooperative workplace relations, and was in the best interests of the employees. The Commission approved the agreement under section 176 of the Fair Work Act, as a new registered agreement for the employees of the applicant.

The Fair Work Commission made an order approving the Capitol Chilled Foods (Australia) Pty Ltd, A.C.T. Employees Workplace Agreement 2018 as a new registered agreement under section 176 of the Fair Work Act. The agreement is now in effect and binds all employees of the applicant who are covered by the agreement.

Capitol Chilled Foods (Australia) Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established