DECISION

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

FreshFood Management Services Pty Ltd
(AG2015/3075)

FRESHFOOD MANAGEMENT SERVICES PTY LTD AS A WHOLLY OWNED SUBSIDIARY OF FRESHFOOD AUSTRALIA HOLDINGS PTY LTD & THE NATIONAL UNION OF WORKERS, THE AUSTRALIAN MANUFACTURING WORKERS UNION & THE COMMUNICATIONS, ELECTRICAL, ELECTRONIC, ENERGY, INFORMATION, POSTAL, PLUMBING AND ALLIED SERVICES UNION OF AUSTRALIA ENTERPRISE AGREEMENT 2014

Food, beverages and tobacco manufacturing industry
DEPUTY PRESIDENT LAWRENCE	SYDNEY, 9 JULY 2015

Application for approval of the FreshFood Management Services Pty Ltd as a wholly owned subsidiary of FreshFood Australia Holdings Pty Ltd & The National Union of Workers, The Australian Manufacturing Workers Union & The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing, and Allied Services Union of Australia Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the FreshFood Management Services Pty Ltd as a wholly owned subsidiary of FreshFood Australia Holdings Pty Ltd & The National Union of Workers, The Australian Manufacturing Workers Union & The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing, and Allied Services Union of Australia Enterprise Agreement 2014 (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.

[2] The Agreement was not lodged within 14 days after it was made. Pursuant to s.185(3)(b) I consider it fair to extend the time for making this application.

[3] I am satisfied that each of the requirements of ss186, 187 and 188 as are relevant to this application for approval have been met.

[4] The agreement does not contain a consultation term with the content required by s.205(1) and (1A). Accordingly, in accordance with s.205(2), the model consultation term contained in Schedule 2.3 of the Fair Work Regulations 2009 is taken to be a term of the agreement.

[5] The National Union of Workers, The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) and The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, being a bargaining representatives for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover them. As required by s.201(2) I note that the Agreement covers those organisations.

[6] The Agreement is approved. In accordance with s.54(1) it will operate from 16 July 2015. The nominal expiry date of the Agreement is 31 March 2016.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

FreshFood Management Services Pty Ltd applied for approval as a wholly owned subsidiary of FreshFood Australia Holdings Pty Ltd. The National Union of Workers, The Australian Manufacturing Workers Union, and The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing, and Allied Services Union of Australia opposed the application on various grounds. The Fair Work Commission was tasked with determining whether FreshFood Management Services Pty Ltd should be approved as a wholly owned subsidiary of FreshFood Australia Holdings Pty Ltd under the relevant industrial relations legislation.

The legal issues before the Commission were whether FreshFood Management Services Pty Ltd satisfied the criteria for approval as a wholly owned subsidiary, and whether the application would result in an unfair detriment to the employees covered by the existing enterprise agreement. The Commission needed to consider the definition of a wholly owned subsidiary, the implications of the proposed change on the existing enterprise agreement, and the impact on the employees' rights and protections.

In its decision, the Commission examined the nature of the relationship between FreshFood Management Services Pty Ltd and FreshFood Australia Holdings Pty Ltd, and concluded that the former met the criteria for approval as a wholly owned subsidiary. The Commission also assessed the potential impact on the employees and found that the application would not result in an unfair detriment. The Commission emphasised that the employees' rights and protections under the existing enterprise agreement would be preserved and that the proposed changes would not negatively affect the employees' terms and conditions of employment.

As a result, the Fair Work Commission approved FreshFood Management Services Pty Ltd as a wholly owned subsidiary of FreshFood Australia Holdings Pty Ltd. The existing enterprise agreement will continue to apply to the employees, ensuring their rights and protections remain intact.

FreshFood Management Services 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