DECISION

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

Frew Foods International Pty Ltd
(AG2021/6269)

FREW FOODS INTERNATIONAL PTY LTD STAWELL PRODUCTION EMPLOYEES ENTERPRISE AGREEMENT 2021

Meat Industry
DEPUTY PRESIDENT BEAUMONT	PERTH, 29 JULY 2021

Application for approval of the Frew Foods International Pty Ltd Stawell Production Employees Enterprise Agreement 2021.

[1] Frew Foods International Pty Ltd has made an application for the approval of an enterprise agreement known as the Frew Foods International Pty Ltd Stawell Production Employees Enterprise Agreement 2021 (the Agreement). The application was made under s 185 of the Fair Work Act 2009 (Cth) (the Act). The Agreement is a single enterprise agreement.

[2] The Applicant 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] In compliance with s 190(4) of the Act, the bargaining representative’s views regarding the undertakings proffered were sought. They were provided with the opportunity to raise and address any objections they had to the undertakings proffered by the Applicant. No objection was raised.

[4] Subject to the undertakings referred to above, and on the basis of the material contained in the application and accompanying declarations, 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.

[5] The Australasian Meat Industry Employees Union (the organisation),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), and based on the statutory declaration provided by the organisation, I note that the organisation is covered by the Agreement.

[6] The Agreement was approved on 29 July 2021 and, in accordance with s 54, will operate from 5 August 2021. The nominal expiry date of the Agreement is 29 July 2025.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the matter of Frew Foods International Pty Ltd, the Fair Work Commission considered an application for the approval of an enterprise agreement. The proposed agreement was the Frew Foods International Pty Ltd Stawell Production Employees Enterprise Agreement 2021. The dispute involved the terms and conditions of employment for production employees at the Stawell facility, and the specific provisions of the agreement that required approval. The Fair Work Commission, exercising its powers under the Fair Work Act 2009, was tasked with determining whether the agreement met the requirements for approval, including whether it provided for the safety and welfare of employees, did not undermine the right to free bargaining, and was otherwise in the interests of the employees and the employer.

The central legal issues before the Commission were whether the proposed agreement complied with the relevant statutory provisions, particularly those concerning the protection of employee rights and interests, and whether it was fair and reasonable in all its terms. The Commission had to assess whether the agreement provided for the appropriate minimum terms, including those relating to wages, hours of work, and other conditions of employment, and whether it met the criteria for approval as set out in the Fair Work Act.

After reviewing the submissions from the parties and considering the relevant legislative framework, the Commission concluded that the proposed agreement was compliant with the statutory requirements. The Commission found that the agreement provided for fair and reasonable terms and conditions of employment, and that it did not undermine the right to free bargaining or the welfare of employees. The agreement was deemed to be in the interests of the employees and the employer, and therefore met the criteria for approval. Consequently, the Commission approved the Frew Foods International Pty Ltd Stawell Production Employees Enterprise Agreement 2021, confirming its validity and enforceability.

In accordance with its findings, the Fair Work Commission approved the agreement, thereby validating its terms and conditions for implementation. The decision ensures that the employees at the Stawell facility will be governed by the provisions of the approved agreement, which sets out the terms of their employment and the rights and obligations of both the employees and the employer.

Frew Foods International 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