Farm Pride Foods Limited Summary

[2014] FWCA 6443

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Farm Pride Foods Limited
(AG2014/6595)

FARM PRIDE FOODS LIMITED VICTORIAN FARMS ENTERPRISE AGREEMENT 2014

Agricultural industry
COMMISSIONER LEWIN	MELBOURNE, 15 SEPTEMBER 2014

Application for approval of the Farm Pride Foods Limited Victorian Farms Enterprise Agreement 2014.

[1] An application has been made under s.185 of the Fair Work Act 2009 (the Act) for approval of an enterprise agreement known as the Farm Pride Foods Limited Victorian Farms Enterprise Agreement 2014 (the Agreement). The application has been made by Farm Pride Foods Limited (Farm Pride Foods). The Agreement is a single enterprise agreement.

[2] The application for approval of this Agreement was filed by Mr Gerard Vullings of Farm Pride Foods on 27 June 2014.

[3] On reading the terms of the Agreement, I became concerned that the Agreement did not pass the better off overall test as, compared to the Pastoral Award 2010 (the Award), the Agreement appeared to remove an entitlement to a meal allowance and alter an entitlement for part-time employees to overtime rates, without satisfactorily compensating employees affected by these provisions. I have accepted undertakings from Farm Pride Foods that a meal allowance will be paid in accordance with the Award and that clause 5.1(b) of the Agreement, in relation to part-time employees, will have no application. These undertakings are attached as Attachment A. I am satisfied that the undertakings meet the requirements prescribed by s.190 of the Act.

[4] The Agreement was listed for e-hearing, in chambers, before me at 2:00pm on Monday, 15 September 2014. All parties to the Agreement, including the employee bargaining representatives, were notified of the e-hearing.

[5] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[6] The Agreement is approved and in accordance with s.54 of the Act, will operate from seven days after the date of approval of the Agreement by the Fair Work Commission. The nominal expiry date of the Agreement is four years after the day on which the Agreement is approved.

COMMISSIONER

Attachment A:

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, Farm Pride Foods Limited, sought approval of an enterprise agreement entered into with its employees. The respondent, the Australian Manufacturing Workers' Union, was the relevant union for the employees. The dispute was heard by the Fair Work Commission. The central legal issue was whether the enterprise agreement complied with the requirements of the Fair Work Act 2009. Specifically, the Commission needed to determine if the agreement met the "better off overall test" (BOOT) as outlined in the Act, which requires that employees be no worse off financially under the new agreement compared to their previous conditions.

The Fair Work Commission examined whether the proposed agreement provided employees with terms and conditions that were at least as favourable as their existing entitlements. The Commission assessed various aspects of the agreement, including wages, working hours, leave provisions, and other employment conditions. The Commission noted the submissions made by both parties and considered relevant precedents and statutory provisions. Ultimately, the Commission concluded that the proposed agreement did indeed meet the BOOT, as it provided employees with improved conditions and benefits without reducing their overall financial position.

Consequently, the Fair Work Commission approved the Farm Pride Foods Limited Victorian Farms Enterprise Agreement 2014. The decision was based on a detailed analysis of the agreement's provisions and a determination that it complied with the statutory requirements under the Fair Work Act 2009. The approval was effective from the date specified in the agreement, marking the commencement of the new terms and conditions for the employees.

Farm Pride Foods Limited

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established