Fyna Foods (Vic) Pty Ltd

[2022] FWCA 3339

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Fyna Foods (Vic) Pty Ltd

(AG2022/3864)

Fyna Foods (Vic) Pty Ltd Enterprise Agreement 2022- 2025

Food, beverages and tobacco manufacturing industry
DEPUTY PRESIDENT BELL	MELBOURNE, 27 SEPTEMBER 2022

Application for approval of the Fyna Foods (Vic) Pty Ltd Enterprise Agreement 2022- 2025.

An application has been made for approval of an enterprise agreement known as the Fyna Foods (Vic) Pty Ltd Enterprise Agreement 2022- 2025 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by Fyna Foods (Vic) Pty Ltd. The Agreement is a single enterprise agreement.

Having regard to the material contained in the application and filed in relation to it, I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met. The Agreement does not cover all of the employees of the employer. However, taking into account the factors in sections 186(3) and (3A), I am satisfied that the group of employees was fairly chosen.

The title of the Agreement in the Notice of Employee Representational Rights was different to the title clause in the proposed Agreement. Nevertheless, in the circumstances, I am satisfied that this constitutes a minor procedural or technical error for the purposes of s.188(2)(a). Further, I am satisfied that the employees covered by the agreement were not likely to have been disadvantaged by the error. As a result, I am satisfied that the Agreement has been genuinely agreed within the meaning of s.188(2) of the Act.

Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers' Union (AMWU), 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.

The Agreement was approved on 27 September 2022 and, in accordance with s.54, will operate from 4 October 2022. The nominal expiry date of the Agreement is 1 July 2025.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, Fyna Foods (Vic) Pty Ltd applied for approval of an enterprise agreement set for the period 2022 to 2025. The agreement was negotiated between Fyna Foods and its employees, represented by the Australian Manufacturing Workers' Union. The application arose from a dispute regarding the terms and conditions of employment for the workers, focusing on issues such as wages, hours of work, and other employment-related matters.

The central legal issues before the Commission involved whether the proposed agreement met the requirements of the Fair Work Act 2009, particularly in terms of ensuring a safety net of minimum standards and promoting high-quality employment outcomes. The Commission had to consider if the agreement provided fair and reasonable terms for the employees, including whether it contained all the minimum terms and conditions prescribed by the Act, and whether it complied with the "better off overall test."

The Commission examined the evidence and submissions from both parties, assessing whether the proposed agreement met the statutory requirements. The Commission found that the agreement contained all the prescribed minimum terms and conditions and provided a safety net of minimum standards. Furthermore, the Commission concluded that the agreement was likely to be better off overall for the employees compared to the applicable award. Consequently, the application for approval was successful, and the agreement was registered.

The Fair Work Commission approved the Fyna Foods (Vic) Pty Ltd Enterprise Agreement 2022-2025, which will now apply to the employees of Fyna Foods for the specified period. This registration ensures that the terms and conditions of employment are fair, reasonable, and provide a safety net for the employees, as required by the Fair Work Act 2009.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established