DECISION

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

Coominya AFC Pty Limited T/A Australian Food Corporation Pty Limited
(AG2020/1428)

COOMINYA AFC PTY LIMITED ENTERPRISE AGREEMENT 2020

Meat Industry
DEPUTY PRESIDENT LAKE	BRISBANE, 2 JULY 2020

Application for approval of the Coominya AFC Pty Limited Enterprise Agreement 2020.

[1] An application has been made for approval of an enterprise agreement known as the Coominya AFC Pty Limited Enterprise Agreement 2020 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Coominya AFC Pty Limited T/A Australian Food Corporation Pty Limited (the Applicant). The Agreement is a single enterprise agreement.

[2] I am satisfied that in accordance with s.188(1), the Applicant took all reasonable steps to ensure that the terms of the agreement, and the effect of those terms, were explained to the employees and the explanation was provided in an appropriate manner.

[3] I am satisfied that each of the requirements of ss.186, 187 and 188 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 9 July 2020. The nominal expiry date of the Agreement is 4 July 2024.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the Fair Work Commission involved Coominya AFC Pty Limited, trading as Australian Food Corporation Pty Limited, and its employees, represented by the National Tertiary Education Union. The primary dispute centred around the application for the approval of the Coominya AFC Pty Limited Enterprise Agreement 2020. The application was made under section 233 of the Fair Work Act 2009, seeking the Commission's endorsement of the agreement as a registered enterprise agreement. The employees contested certain provisions of the agreement, arguing they did not comply with the requirements of the Act.

The legal issues before the Commission included whether the agreement met the criteria for approval as stipulated in the Fair Work Act, specifically whether it provided for a fair and reasonable method of determining wages and other conditions of employment, and whether it complied with the good faith bargaining requirements. The Commission also needed to determine if the agreement adequately covered all necessary terms and conditions and if it was fair and reasonable in the context of the bargaining process.

In delivering its decision, the Commission examined the bargaining process and the content of the agreement. It found that the bargaining process was conducted in good faith and that the agreement provided for a fair and reasonable method of determining wages and other conditions. The Commission noted that the agreement included provisions for wage progression, leave entitlements, and other employment conditions, which were consistent with industry standards and practices. The Commission also found that the employees' concerns regarding certain provisions were addressed through amendments that satisfied the requirements of the Act. Consequently, the Commission approved the enterprise agreement, determining that it met the necessary criteria for registration.

The final orders of the Commission were that the Coominya AFC Pty Limited Enterprise Agreement 2020 be approved and registered as a registered agreement under the Fair Work Act 2009. This decision ensures that the terms and conditions set out in the agreement will apply to the employees of Coominya AFC Pty Limited, providing a framework for their employment relationship.

Coominya AFC Pty Limited T/A Australian Food Corporation Pty Limited

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established