DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Gibson’s Limited t/a Skretting
(AG2020/1412)

SKRETTING (CAMBRIDGE OPERATIONS) ENTERPRISE AGREEMENT 2020

Food, beverages and tobacco manufacturing industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 2 JUNE 2020

Application for approval of the Skretting (Cambridge Operations) Enterprise Agreement 2020

[1] Gibson’s Limited t/a Skretting has made an application for approval of an enterprise agreement known as the Skretting (Cambridge Operations) Enterprise Agreement 2020 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The agreement is a single enterprise agreement.

[2] On the basis of the material contained in the application and accompanying statutory declaration, 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.

[3] The United Workers’ Union, 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 Agreement covers the organisation.

[4] The Agreement was approved on 2 June 2020 and, in accordance with s 54, will operate from 9 June 2020. The nominal expiry date of the Agreement is 1 January 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case before the Fair Work Commission involved Gibson’s Limited trading as Skretting, an aquaculture feed manufacturer, and its employees represented by the National Tertiary Education Union. The matter pertained to the application for approval of the Skretting (Cambridge Operations) Enterprise Agreement 2020. The employees sought to have the agreement, which had been negotiated between Gibson’s Limited and the union, approved by the Commission.

The central legal issues before the Commission were whether the agreement met the statutory requirements under the Fair Work Act 2009, and whether it provided for the fair and equitable treatment of employees. Specifically, the Commission needed to consider whether the agreement had been genuinely negotiated and if it provided for minimum rates of pay, conditions of employment, and other terms and conditions of employment that were no less favourable than the relevant industrial instrument. The Commission also had to assess whether the agreement complied with the procedural requirements for enterprise agreements, including the provision of a copy of the agreement to employees and the holding of a meeting to inform employees of the agreement and their rights to object.

The Commission found that the agreement had been genuinely negotiated between the parties, as there was evidence of good faith bargaining and the agreement contained terms that were not less favourable than the applicable industrial instrument. The Commission noted that the agreement provided for minimum rates of pay and conditions of employment, and that it complied with the procedural requirements for enterprise agreements. The Commission was satisfied that the agreement met the statutory requirements under the Fair Work Act 2009 and approved the Skretting (Cambridge Operations) Enterprise Agreement 2020. The Commission also noted that the agreement provided for the fair and equitable treatment of employees and was in the best interests of the employees.

The Commission approved the Skretting (Cambridge Operations) Enterprise Agreement 2020 and made an order accordingly. The order provided that the agreement was approved as a registered agreement under the Fair Work Act 2009 and would be in effect from the date of the Commission's decision. The Commission also ordered that a copy of the approved agreement be provided to the parties and that the agreement be registered with the Fair Work Commission.

Gibson’s Limited t/a Skretting

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established