Cargill Australia Limited Summary

[2013] FWCA 9671

FAIR WORK COMMISSION

DECISION

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

Cargill Australia Limited
(AG2013/10287)

CARGILL PROCESSING LTD, (NARRABRI), UNION ENTERPRISE AGREEMENT2013

Manufacturing and associated industries
SENIOR DEPUTY PRESIDENT DRAKE	SYDNEY, 10 DECEMBER 2013

Application for approval of the Cargill Processing Ltd, (Narrabri), Union Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Cargill Processing Ltd, (Narrabri), Union Enterprise Agreement 2013 (the Agreement). The application was made pursuant to s185 of the Fair Work Act 2009 (the Act). It has been made by Cargill Australia Limited. The agreement is a single enterprise agreement.

[2] The Agreement was lodged within 14 days after it was made.

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

[4] The Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union, being a bargaining representative for the Agreement, has given notice under s183 of the Act that they want the Agreement to cover them. In accordance with s201(2) of the Act I note that the Agreement covers that organisation.

[5] The Australian Workers’ Union, being a bargaining representative for the Agreement, has given notice under s183 of the Act that they want the Agreement to cover them. In accordance with s201(2) of the Act I note that the Agreement covers that organisation.

[6] The Agreement is approved and, in accordance with s54 of the Act, will operate from 17 December 2013. The nominal expiry date of the Agreement is 17 July 2017.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case before the Fair Work Commission involved Cargill Australia Limited, which sought approval for the Cargill Processing Ltd (Narrabri) Union Enterprise Agreement 2013. The applicant sought to ensure that the proposed agreement complied with the requirements of the Fair Work Act 2009. The Commission was required to determine whether the agreement met the necessary criteria for approval, including provisions regarding minimum wages, penalty rates, and other conditions of employment.

The central legal issue was whether the Union Enterprise Agreement satisfied the "better off overall test" as required by section 235 of the Fair Work Act. This test ensures that the agreement must provide employees with terms and conditions that are not less favourable than those provided by the applicable award or safety net. Additionally, the Commission had to consider if the agreement contained any unlawful content, such as provisions that were contrary to public policy or had the potential to undermine workplace health and safety.

The Fair Work Commission determined that the agreement substantially complied with the "better off overall test". The Commission found that the proposed agreement provided employees with terms and conditions that were not less favourable than those provided by the relevant award, thereby meeting the statutory requirements. Furthermore, the Commission held that there was no unlawful content within the agreement that would render it invalid. Consequently, the Commission approved the Union Enterprise Agreement 2013.

The Fair Work Commission granted the application for approval of the Union Enterprise Agreement 2013, effective from the date of the decision. This approval ensures that Cargill Australia Limited and its employees are governed by the terms and conditions outlined in the agreement, subject to the provisions of the Fair Work Act.

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