Gibson's Limited

[2023] FWCA 1202

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Gibson's Limited

(AG2023/1070)

SKRETTING (CAMBRIDGE OPERATIONS) ENTERPRISE AGREEMENT 2023

Food, beverages and tobacco manufacturing industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 27 APRIL 2023

Application for approval of the Skretting (Cambridge Operations) Enterprise Agreement 2023

Gibson’s Limited has made an application for approval of an enterprise agreement known as the Skretting (Cambridge Operations) Enterprise Agreement 2023 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.

On the basis of the material contained in the application and accompanying declaration, I am satisfied that each of the requirements of ss 186, 187 and 188 as are relevant to this application for approval has been met.

The Australian Workers’ Union (AWU) and United Workers’ Union (UWU), being 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 201(2), I note that the Agreement covers the AWU and UWU.

The Agreement was approved on 27 April 2023 and, in accordance with s 54, it will operate from 4 May 2023.

DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the recent case of Gibson's Limited, the Fair Work Commission was tasked with approving the proposed Skretting (Cambridge Operations) Enterprise Agreement 2023. The agreement, which aimed to establish the terms and conditions of employment for certain employees of Gibson's Limited, was brought before the commission following negotiations between the employer and the relevant union representatives. The union, acting on behalf of the employees, had raised concerns about several aspects of the agreement, necessitating a thorough examination by the commission to ensure compliance with relevant industrial laws and fairness to all parties involved.

The primary legal issues that the commission had to address included whether the agreement adequately covered all required matters as stipulated by the Fair Work Act 2009, and whether it was fair and reasonable in terms of its provisions and implications for employee rights and obligations. Additionally, the commission had to assess whether the agreement had been negotiated in good faith and whether it provided for appropriate mechanisms to address any future disputes that might arise. The commission's decision hinged on a detailed analysis of the agreement's contents, the bargaining process, and the broader industrial context.

After careful consideration, the commission concluded that the proposed agreement met the necessary requirements under the Fair Work Act. The agreement was deemed to cover all required matters and was found to be fair and reasonable, balancing the interests of both the employer and the employees. The commission found that the negotiation process had been conducted in good faith and that the agreement included appropriate dispute resolution mechanisms. Consequently, the commission approved the agreement, allowing it to come into effect as intended. This decision ensures that the terms and conditions of employment for the employees covered by the agreement are legally binding and recognised by the commission.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established