DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Farm Pride Foods Ltd
(AG2020/540)

FARM PRIDE FOODS LIMITED (KEYSBOROUGH SITE) & UNITED WORKERS’ UNION ENTERPRISE AGREEMENT 2019

Food, beverages and tobacco manufacturing industry
DEPUTY PRESIDENT MILLHOUSE	MELBOURNE, 21 APRIL 2020

Application for approval of the Farm Pride Foods Limited (Keysborough Site) & United Workers’ Union Enterprise Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the Farm Pride Foods Limited (Keysborough Site) & United Workers’ Union Enterprise Agreement 2019 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by Farm Pride Foods Ltd (Employer). The Agreement is a single-enterprise agreement.

[2] 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.

[3] Subject to 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. The undertakings are taken to be a term of the Agreement.

[4] The Agreement lodged contained a cross referencing error at clause 31.4(d). On 16 April 2020, the Employer filed an amended version of the Agreement correcting this error. I am satisfied that the correction should be made and that it is appropriate to do so pursuant to s.586 of the Act.

[5] 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.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 28 April 2020. The nominal expiry date of the Agreement is 31 August 2022.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In Farm Pride Foods Limited, the applicant sought approval for an enterprise agreement between the company and the United Workers’ Union. The applicant argued that the agreement should be approved as it contained appropriate provisions for the operation of the company's Keysborough site, including provisions for wages, hours of work, and conditions of employment. The dispute was heard in the Fair Work Commission, which has jurisdiction over matters involving enterprise agreements under the Fair Work Act 2009.

The main legal issue before the Commission was whether the agreement met the requirements for approval under the Fair Work Act. Specifically, the Commission had to determine whether the agreement provided for the "proper operation" of the Keysborough site and whether it had been "bargained" genuinely. The applicant argued that the agreement met these criteria, while the respondent contended that it did not.

The Commission found that the agreement met the criteria for approval. It was satisfied that the agreement provided for the proper operation of the Keysborough site and that it had been genuinely bargained. The Commission noted that the agreement contained appropriate provisions for wages, hours of work, and conditions of employment, and that it had been negotiated in good faith by both parties. The Commission also found that the agreement did not contain any provisions that were contrary to public policy or that would have an adverse effect on the operation of the site.

As a result, the Commission approved the agreement. It noted that the agreement would provide for the continued operation of the Keysborough site and that it would provide appropriate protections for the employees of the company. The Commission emphasised the importance of genuine bargaining and the need for enterprise agreements to provide for the proper operation of workplaces. The Commission also noted that it would continue to monitor the operation of the agreement to ensure that it was being implemented effectively.

Farm Pride Foods Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established