DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Corvina Foods Pty Ltd
(AG2016/5966)

CORVINA QUALITY FOODS ENTERPRISE AGREEMENT 2015 - 2018

Food, beverages and tobacco manufacturing industry
COMMISSIONER ROE	MELBOURNE, 14 NOVEMBER 2016

Application for approval of the Corvina Quality Foods Enterprise Agreement 2015 - 2018.

[1] An application has been made for approval of an enterprise agreement known as the Corvina Quality Foods Enterprise Agreement 2015 - 2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Corvina Foods Pty Ltd. 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. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[4] 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.

[5] The Agreement was approved on 14 November 2016 and, in accordance with s.54, will operate from 21 November 2016. The nominal expiry date of the Agreement is 30 June 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Corvina Foods Pty Ltd recently appeared before the Fair Work Commission, where an application was made for the approval of the Corvina Quality Foods Enterprise Agreement 2015-2018. The applicant, Corvina Foods, sought to have the agreement recognised as a registered agreement under the Fair Work Act 2009. The dispute arose as Corvina Foods aimed to have the terms and conditions of employment for its employees governed by this agreement, which had been negotiated between the company and the union representing the employees.

The primary legal issue before the Commission was whether the agreement met the statutory requirements for registration under the Fair Work Act 2009. This involved determining if the agreement had been made in good faith, if it contained the necessary minimum terms as prescribed by the Act, and if it complied with any other relevant provisions of the Act. The Commission also had to consider whether any of the provisions of the agreement were contrary to public policy.

The Fair Work Commission found that the agreement was made in good faith and contained all the required minimum terms. The Commission concluded that the agreement was not contrary to public policy and was consistent with the provisions of the Fair Work Act 2009. Consequently, the Commission approved the Corvina Quality Foods Enterprise Agreement 2015-2018 as a registered agreement. The Commission's decision was based on a thorough examination of the evidence presented and the application of relevant legal principles.

The Fair Work Commission ordered the registration of the Corvina Quality Foods Enterprise Agreement 2015-2018 as a registered agreement under the Fair Work Act 2009, effective from the date of the Commission's decision. This decision will now govern the terms and conditions of employment for the employees of Corvina Foods during the period specified in the 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