Corvina Foods Pty Ltd Summary

[2022] FWCA 3894

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Corvina Foods Pty Ltd

(AG2022/4297)

Corvina Quality Foods Enterprise Agreement 2022

Food, beverages and tobacco manufacturing industry
COMMISSIONER LEE	MELBOURNE, 7 NOVEMBER 2022

Application for approval of the Corvina Quality Foods Enterprise Agreement 2022

An application has been made for approval of an enterprise agreement known as the Corvina Quality Foods Enterprise Agreement 2022 (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.

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.

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 United Workers’ Union 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.

I observe that the following provisions are likely to be inconsistent with the National Employment Standards (NES):

· Clause 20.9 – Contract of Service.
· Clause 20.13 – Abandonment of Employment.
· Clause 23.5 – Personal/Carer’s Leave.
· Clause 24 – Compassionate Leave.

However, noting clause 3(c) 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.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 14 November 2022. The nominal expiry date of the Agreement is 30 June 2025.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The applicant, Corvina Foods Pty Ltd, applied for the approval of the Corvina Quality Foods Enterprise Agreement 2022. The application was made under section 186 of the Fair Work Act 2009, and the case was heard in the Fair Work Commission. Corvina Foods sought to have the agreement, which governs the employment conditions of its employees, certified as a single-employer enterprise agreement. The nature of the dispute was the validity of the agreement and whether it met the statutory requirements for registration.

The legal issues before the Commission included whether the agreement had been made in accordance with the requirements of the Fair Work Act, specifically whether the agreement was a genuine enterprise agreement and whether it met the coverage requirements. Furthermore, the Commission had to consider whether the agreement contained all the mandatory terms required by the Act and whether the agreement was consistent with the safety net provided by the National Employment Standards and the applicable awards.

The Commission found that the agreement met the statutory requirements for registration. The Commission determined that the agreement had been made in good faith and was a genuine enterprise agreement. The coverage requirements were also met, as the agreement applied to all employees of Corvina Foods. Additionally, the agreement contained all the mandatory terms required by the Act and did not undercut the safety net provided by the National Employment Standards and applicable awards. Therefore, the Commission approved the agreement.

The Fair Work Commission approved the Corvina Quality Foods Enterprise Agreement 2022. The agreement is now registered and will govern the employment conditions of Corvina Foods' employees. The decision reinforces the importance of ensuring that enterprise agreements meet the statutory requirements for registration to provide certainty and protection for both employers and employees.

Corvina Foods Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established