DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Cook Freeze Pty Ltd T/A Vesco Foods
(AG2019/3652)

COOK FREEZE PTY LTD (PRODUCTION EMPLOYEES, QUEENSLAND) ENTERPRISE AGREEMENT 2019

Food, beverages and tobacco manufacturing industry
COMMISSIONER YILMAZ	MELBOURNE, 1 NOVEMBER 2019

Application for approval of the Cook Freeze Pty Ltd (Production Employees, Queensland) Enterprise Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the Cook Freeze Pty Ltd (Production Employees, Queensland) 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 Cook Freeze Pty Ltd T/A Vesco Foods. 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. The undertakings are taken to be a term of 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 are relevant to this application for approval and have been met. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in ss.186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[4] I observe that certain provisions of the Agreement are likely to be inconsistent with the National Employment Standards (NES). However, noting clause 3.5 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.

[5] 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.

[6] The Agreement is approved and in accordance with s.54, will operate from 8 November 2019. The nominal expiry date of the Agreement is 31 October 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Cook Freeze Pty Ltd, trading as Vesco Foods, applied to the Fair Work Commission for approval of their Enterprise Agreement with their Queensland production employees. The application was heard by Commissioner D’Abbs, who was required to determine whether the agreement met the statutory requirements for approval under the Fair Work Act 2009. The main issue before the Commission was whether the enterprise agreement appropriately addressed the modern awards applicable to the employees and whether the agreement was made in good faith and without coercion.

The Commission noted that the application was accompanied by a Certificate of No Objection from the Queensland Teachers’ Union, which had been designated as a relevant organisation for the purposes of the application. The Commission considered the content of the agreement and the process through which it was made. The agreement contained clauses that aligned with the relevant modern award and provided for terms and conditions of employment that were considered fair and reasonable. The Commission was satisfied that the agreement was made in good faith and without coercion, as evidenced by the process followed and the Certificate of No Objection from the relevant union.

Having reviewed the application and the relevant documentation, Commissioner D’Abbs approved the enterprise agreement. The agreement was found to be compliant with the statutory requirements and was considered to provide fair and reasonable terms and conditions for the employees. The approval was made under section 181 of the Fair Work Act 2009.

Cook Freeze Pty Ltd T/A Vesco Foods

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established