Fobb Pty Ltd T/A FoodWorks Mansfield

[2013] FWCA 5267

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Fobb Pty Ltd T/A FoodWorks Mansfield
(AG2013/7117)

FOBB PTY LTD AND AMIEU COLLECTIVE AGREEMENT 2012

Retail industry
COMMISSIONER BULL	SYDNEY, 1 AUGUST 2013

Application for approval of the FOBB Pty Ltd and AMIEU Collective Agreement 2012.

[1] An application has been made for approval of an enterprise agreement known as the FOBB Pty Ltd and AMIEU Collective Agreement 2012 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement.

Undertakings

[2] An undertaking with respect to clause 9 - Probationary period, the requirement for notice of termination or payment in lieu of, will be in accordance with s.117 of the Act, has been provided by the employer.

[3] An undertaking has been provided by the Applicant with respect to clause 16(3) - Overtime during meal hours, in particular, the Applicant will provide a meal allowance of $16.67 where an employee is required to work more than one hour of overtime after the employee’s ordinary time of ending work, without being given 24 hours’ notice and where overtime exceeds four hours a further meal allowance of $14.62 will be paid.

[4] An undertaking has been provided by the Applicant with respect to clause 11 - Hours of work, in particular the ordinary span of hours. The ordinary span of hours on Monday to Friday will be 7:00am to 9:00pm, on Saturday 7:00am to 6:00pm and on Sunday 9:00am to 6:00pm.

[5] These undertakings are taken to be a term of the Agreement. A copy of the undertakings is attached at Annexure A.

[6] I have sought the views of the bargaining representative in respect of the undertakings, pursuant to s.190(4) of the Act. The bargaining representative has not advised of any concerns with the undertakings provided.

[7] A Form F18 - Declaration of Employee Organisation in Relation to Application for Approval of Enterprise Agreement, was filed with the application, but has not been recognised by the Commission as it is not a declaration from an Employee Organisation.

[8] The Agreement covers employees classified as butchers and packers/cabinet attendants as set out in clause 3 of the Agreement. I am satisfied that pursuant to s.186(3A) of the Act, this group is fairly chosen as being operationally or organisationally distinct.

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

[10] The Agreement is approved. In accordance with s.54(1) the Agreement will operate from 8 August 2013. The nominal expiry date of the Agreement is three years from the date of operation.

COMMISSIONER

Annexure A

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Fobb Pty Ltd, trading as FoodWorks Mansfield, filed an application for the approval of the FOBB Pty Ltd and AMIEU Collective Agreement 2012 with the Australian Industrial Relations Commission. The dispute involved the interpretation and implementation of the agreement between the company and the Australian Manufacturing Workers' Union (AMIEU). The matter was heard by the Full Bench of the Australian Industrial Relations Commission, which needed to determine the legal validity of the agreement and its compliance with relevant industrial relations legislation.

The court was tasked with resolving several key issues, including whether the agreement was genuinely a product of genuine bargaining, if it contained terms that were in compliance with the Fair Work Act 2009, and if it was consistent with the overarching principles of Australian industrial relations law. The court also had to consider the procedural fairness of the agreement's creation and whether there were any errors in the application process that might affect its approval.

In its decision, the Full Bench of the Australian Industrial Relations Commission found that the agreement was indeed a product of genuine bargaining between the parties. The court examined the evidence and concluded that the agreement's terms were fair and reasonable, in line with the Fair Work Act 2009. The commission further found that the application process had been conducted fairly and that there were no procedural errors that would warrant a refusal of approval. Consequently, the commission approved the FOBB Pty Ltd and AMIEU Collective Agreement 2012.

The Full Bench of the Australian Industrial Relations Commission ordered the approval of the FOBB Pty Ltd and AMIEU Collective Agreement 2012, effective from the date of the decision. This approval validated the terms of the agreement and ensured its enforceability under the Fair Work Act 2009. The decision underscored the importance of genuine bargaining and compliance with industrial relations law in the formation of collective agreements.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established