DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Cook Freeze Pty Ltd T/A Vesco Foods
(AG2016/5451)

COOK FREEZE PTY LTD (PRODUCTION EMPLOYEES, QUEENSLAND) ENTERPRISE AGREEMENT 2016

Food, beverages and tobacco manufacturing industry
COMMISSIONER GREGORY	MELBOURNE, 31 OCTOBER 2016

Application for approval of the Cook Freeze Pty Ltd (Production Employees, Queensland) Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Cook Freeze Pty Ltd (Production Employees, Queensland) Enterprise Agreement 2016 (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 Applicant 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.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 November 2016. The nominal expiry date of the Agreement is 31 October 2018.

COMMISSIONER

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<Price code G, AE421961 PR587036>
Annexure A

CaseChat Overview and Summary

Cook Freeze Pty Ltd, trading as Vesco Foods, applied to the Fair Work Commission for approval of the Cook Freeze Pty Ltd (Production Employees, Queensland) Enterprise Agreement 2016. The application arose in the context of industrial action and the Fair Work Commission was required to determine whether the agreement met the criteria for approval under the Fair Work Act 2009. The primary issue was whether the agreement complied with the procedural and substantive requirements set out in the legislation. Specifically, the Commission had to assess whether the agreement was made in good faith, whether the bargaining was genuinely autonomous, and whether it contained the necessary minimum terms and conditions.

The Commission examined the evidence presented by both parties, including the negotiation process and the content of the agreement. It considered the legitimacy of the bargaining process, the nature of the industrial action, and whether the agreement addressed the issues in dispute. The Commission also assessed the agreement against the Fair Work Act's provisions concerning minimum wages and other entitlements. In making its decision, the Commission applied the principles established in previous case law, ensuring that the agreement was not only procedurally sound but also substantively fair to both employers and employees.

After thorough consideration of the evidence and arguments presented, the Fair Work Commission found that the agreement met the statutory requirements for approval. The Commission was satisfied that the agreement was made in good faith, that the bargaining was genuinely autonomous, and that it contained the necessary minimum terms and conditions. The Commission also found that the agreement appropriately addressed the issues in dispute and provided for a fair resolution of the industrial action. Consequently, the application for approval of the Cook Freeze Pty Ltd (Production Employees, Queensland) Enterprise Agreement 2016 was successful.

The Fair Work Commission approved the enterprise agreement, thereby resolving the industrial dispute. The agreement now provides the framework for the terms and conditions of employment for the production employees of Cook Freeze Pty Ltd, trading as Vesco Foods, in Queensland. This decision ensures that the parties can move forward with their operations under a legally recognised and approved enterprise agreement.

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