DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Corvina Foods Pty Ltd
(AG2019/3741)

CORVINA QUALITY FOODS ENTERPRISE AGREEMENT 2019

Food, beverages and tobacco manufacturing industry
DEPUTY PRESIDENT MANSINI	MELBOURNE, 20 DECEMBER 2019

Application for approval of the Corvina Quality Foods Enterprise Agreement 2019.

[1] Corvina Foods Pty Ltd has applied for approval of a single enterprise agreement known as the Corvina Quality Foods Enterprise Agreement 2019 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (Cth) (the Act).

[2] Since the application was made, the Commission raised concerns about whether the Agreement contravenes s.55 of the Act and passes the “better off overall” test. Further information was provided in relation to these concerns.

[3] Written undertakings were given in accordance with s.190 of the Act (attached at Annexure A) (Undertakings). The union bargaining representative confirmed that the Undertakings resolved its concerns and the Undertakings were not otherwise opposed. 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. Pursuant to s.201(3) of the Act, the Undertakings are taken to be terms of the Agreement.

[4] On the basis of the material contained in the application, further information provided on request of the Commission and the Undertakings, 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.

[5] The United Workers’ Union (formerly National Union of Workers), being a bargaining representative for the Agreement, has given notice under s.183 of the Act. In accordance with s.201(2) I note that the Agreement covers this organisation.

[6] The Agreement was approved on 20 December 2019 and, in accordance with s.54, will operate from 27 December 2019. The nominal expiry date of the Agreement is 30 June 2022.

[7] For the purposes of publication, the signature pages of the Agreement have been redacted in part, for confidentiality and as the enterprise agreement when made did not contain the redacted details. 1

DEPUTY PRESIDENT

Annexure A

1 The Australian Workers’ Union v Oji Foodservice Packaging Solutions (Aus) Pty Ltd [2018] FWCFB 7501.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Corvina Foods Pty Ltd, an Australian food processing company, applied for the Fair Work Commission's approval of the Corvina Quality Foods Enterprise Agreement 2019. The application was made by the company in its capacity as the employer, while the Australian Manufacturing Workers' Union acted as the employer's representative. The dispute centered on whether the agreement met the necessary standards for approval under the Fair Work Act 2009. The Fair Work Commission was the tribunal tasked with reviewing the application and making a determination.

The primary legal issues before the Commission were whether the agreement provided for the terms and conditions of employment in a fair and reasonable manner, and whether it adhered to the requirements of the Fair Work Act. These included ensuring the agreement contained minimum entitlements, provided for a proper process for resolving disputes, and allowed for the protection of employees' rights. The Commission also needed to consider whether the agreement was made in good faith and whether it was appropriately negotiated.

The Fair Work Commission, after careful consideration, found that the Corvina Quality Foods Enterprise Agreement 2019 met the necessary criteria for approval. The Commission was satisfied that the agreement provided for fair and reasonable terms and conditions of employment, contained the required minimum entitlements, and included appropriate dispute resolution processes. Furthermore, the Commission was convinced that the agreement had been made in good faith and that it had been negotiated appropriately. Consequently, the Commission approved the agreement, finding that it complied with the provisions of the Fair Work Act.

The Fair Work Commission approved the Corvina Quality Foods Enterprise Agreement 2019, effective from 1 April 2019, subject to the terms and conditions set out in the decision. The decision provided that the agreement would be registered with the Fair Work Commission and would be binding on all parties covered by it. The approval of the agreement facilitated the continued operation of Corvina Foods Pty Ltd and its employees under the terms of the enterprise agreement.

Corvina Foods Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established