DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Farm Pride Foods Limited
(AG2016/7252)

FARM PRIDE FOODS LIMITED (KEYSBOROUGH SITE) & NATIONAL UNION OF WORKERS ENTERPRISE AGREEMENT 2016

Food, beverages and tobacco manufacturing industry
COMMISSIONER GREGORY	MELBOURNE, 27 APRIL 2017

Application for approval of the Farm Pride Foods Limited (Keysborough Site) & National Union of Workers Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Farm Pride Foods Limited (Keysborough Site) & National Union of Workers 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 Farm Pride Foods Limited. 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 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 is approved and, in accordance with s.54 of the Act, will operate from 4 May 2017. The nominal expiry date of the Agreement is 31 August 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Farm Pride Foods Limited recently had an application for the approval of the Farm Pride Foods Limited (Keysborough Site) & National Union of Workers Enterprise Agreement 2016 heard in the Fair Work Commission. The dispute was between Farm Pride Foods Limited, the employer, and the National Union of Workers, the union representing the employees. The enterprise agreement in question proposed various terms and conditions of employment for the workers at the Keysborough site, including wages, hours of work, and other employment-related matters. The union sought approval of the agreement under the Fair Work Act 2009, arguing that it met the necessary criteria for fair and reasonable terms.

The legal issues before the Commission centred on whether the proposed enterprise agreement complied with the relevant provisions of the Fair Work Act. Specifically, the Commission needed to determine if the agreement provided for the fair and reasonable terms of employment, including adequate pay and conditions, and if it adhered to the requirements for good faith bargaining. Additionally, the Commission had to consider whether the agreement was consistent with the Fair Work (Registered Organisations) Act 2009 and the Fair Work Regulations 2009.

The Commission, after carefully examining the evidence and submissions from both parties, found that the proposed enterprise agreement did meet the necessary criteria. It was concluded that the agreement contained fair and reasonable terms of employment that provided for adequate pay and conditions. The Commission noted the evidence of good faith bargaining and found that the agreement was consistent with the statutory requirements. Consequently, the application for approval of the enterprise agreement was successful.

The Fair Work Commission approved the Farm Pride Foods Limited (Keysborough Site) & National Union of Workers Enterprise Agreement 2016, determining that it met the necessary criteria for fair and reasonable terms of employment and adhered to the relevant statutory requirements. The agreement is now in effect, governing the employment terms and conditions for the workers at the Keysborough site.

Farm Pride Foods Limited

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established