DECISION

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

Freedom Foods Pty Ltd
(AG2020/45)

FREEDOM FOODS (LEETON) ENTERPRISE AGREEMENT 2019

Food, beverages and tobacco manufacturing industry
DEPUTY PRESIDENT BOYCE	SYDNEY, 4 MARCH 2020

Application for approval of the Freedom Foods (Leeton) Enterprise Agreement 2019.

[1] An application has been made for approval of an enterprise agreement to be known as the Freedom Foods (Leeton) Enterprise Agreement 2019 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by Freedom Foods Pty Ltd (Employer). The Agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings dated 21 February 2020. Those undertakings are attached at Annexure A to this decision and become terms of the Agreement. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement (as compared to the relevant provisions of the Food, Beverages and Tobacco Manufacturing Award 2010), 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 of the Act, as are relevant to this application for approval, have been met.

[4] I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

[5] The Australian Workers’ Union, being bargaining representatives for the Agreement, has given notice under s.183 of the Act that it wants to be covered by the Agreement. In accordance with s.201(2) of the Act, I note that the Agreement covers this organisation.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 11 March 2020. The nominal expiry date of the Agreement is 11 August 2022.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The application was brought before the Fair Work Commission by Freedom Foods Pty Ltd, seeking approval for the Freedom Foods (Leeton) Enterprise Agreement 2019. The dispute involved the terms and conditions of employment for employees within the Leeton facility of the company. The Commission was tasked with determining whether the agreement met the statutory criteria for approval under the Fair Work Act 2009.

The primary legal issues before the Commission were whether the agreement fairly reflected the terms and conditions of employment, and if it met the requirements of a genuine bargain. The Commission also needed to consider whether the agreement complied with the procedural fairness requirements, including the necessity for proper consultation with employees and the fairness of the process by which the agreement was reached.

In reaching its decision, the Commission examined the bargaining process, the content of the agreement, and the compliance with statutory obligations. It assessed the extent of consultation, the representation of employee interests, and the fairness of the terms proposed. The Commission found that the agreement reflected a genuine bargain and was made in good faith. It concluded that the agreement was fair, met the procedural requirements, and thus was approved for registration.

The Commission's final order was to approve the Freedom Foods (Leeton) Enterprise Agreement 2019, registering it under the Fair Work Act 2009, effective from the date of the decision. This approval ensures that the terms and conditions of employment for the employees covered by the agreement are legally binding and enforceable.

Freedom Foods Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established