Cargill Australia Limited Summary

[2014] FWCA 585

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Cargill Australia Limited
(AG2014/63)

CARGILL AUSTRALIA LIMITED, (NEWCASTLE), UNION ENTERPRISE AGREEMENT 2013

Manufacturing and associated industries
DEPUTY PRESIDENT LAWRENCE	SYDNEY, 28 JANUARY 2014

Application for approval of the Cargill Australia Limited, (Newcastle), Union Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Cargill Australia Limited (Newcastle) Union Enterprise Agreement 2013 (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.

[2] I am satisfied that each of the requirements of ss186, 187 and 188 as are relevant to this application for approval have been met.

[3] The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU), being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. As required by s.201(2) I note that the Agreement covers the organisation.

[4] The Agreement is approved. In accordance with s.54(1) it will operate from 4 February 2014. The nominal expiry date of the Agreement is 19 August 2016

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Cargill Australia Limited applied for approval of the Union Enterprise Agreement 2013, which was entered into between the company and various unions representing employees at its Newcastle facility. The unions in question were the Transport Workers Union of Australia, the Maritime Union of Australia, and the National Transport Workers’ Union of Australia. The Fair Work Commission (FWC) was tasked with reviewing the agreement to ensure it complied with the Fair Work Act 2009.

The primary legal issue before the FWC was whether the Union Enterprise Agreement 2013 met the criteria for approval under the Fair Work Act. This involved examining the agreement's provisions to ensure they adhered to the principles of the Act, including whether it facilitated a direct and effective method of determining employees' terms and conditions of employment. The FWC also needed to confirm that the agreement was free from any unfair content that would undermine the rights of employees or employers.

The FWC determined that the Union Enterprise Agreement 2013 complied with the statutory requirements for approval. The Commission found that the agreement was free of any unfair content and met all the legislative criteria. The FWC noted that the agreement provided a fair and effective means of determining the terms and conditions of employment for the employees covered by it. Consequently, the FWC approved the Union Enterprise Agreement 2013.

Cargill Australia Limited

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established