Fyna Foods Victoria Pty Ltd Summary

[2013] FWCA 877

FAIR WORK COMMISSION

DECISION

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

Fyna Foods Victoria Pty Ltd
(AG2013/4625)

FYNA FOODS (VIC) PTY LTD, ENTERPRISE AGREEMENT 2012

Food, beverages and tobacco manufacturing industry
COMMISSIONER HAMPTON	ADELAIDE, 7 FEBRUARY 2013

Application for approval of the Fyna Foods (Vic) Pty Ltd, Enterprise Agreement 2012.

[1] An application has been made for approval of an enterprise agreement known as the Fyna Foods (Vic) Pty Ltd, Enterprise Agreement 2012 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by Fyna Foods Victoria Pty Ltd. 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) of the Act I consider it fair to extend the time for making this application to 22 January 2013.

[3] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met. In so finding, I note that the scope of clause 11 Dispute Resolution Procedure is sufficiently broad to include the matters required by s.186(6)(a) of the Act given the incorporation of the NES into the Agreement.

[4] 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) of the Act I note that the Agreement covers the organisation.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 14 February 2013. The nominal expiry date of the Agreement is 1 January 2015.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, Fyna Foods Victoria Pty Ltd applied for the approval of the Fyna Foods (Vic) Pty Ltd, Enterprise Agreement 2012. This application was made under section 230 of the Fair Work Act 2009. The dispute centred around the terms and conditions of employment for employees of Fyna Foods Victoria Pty Ltd, with the primary focus on whether the enterprise agreement in question met the legal requirements for approval.

The legal issues before the court were whether the enterprise agreement contained all the mandatory terms prescribed by the Fair Work Act, and whether the agreement was made in good faith and without coercion. Additionally, the court had to consider whether the agreement met the provisions for a single-enterprise agreement and whether it complied with the relevant provisions of the Act.

In reaching its decision, the court examined the provisions of the Fair Work Act and the relevant case law. The court found that the enterprise agreement did include all the mandatory terms required by the Act. Furthermore, the court was satisfied that the agreement was made in good faith and without any form of coercion. The court also determined that the agreement complied with the requirements for a single-enterprise agreement and adhered to the relevant provisions of the Fair Work Act. As a result, the court approved the Fyna Foods (Vic) Pty Ltd, Enterprise Agreement 2012.

Fyna Foods Victoria Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established