Good Food Partners Operations Pty Ltd

[2022] FWCA 2174

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Good Food Partners Operations Pty Ltd

(AG2022/1978)

Good Food Partners Operations Pty Ltd (Dandenong Operation) Enterprise Agreement 2022

Food, beverages and tobacco manufacturing industry
COMMISSIONER WILSON	MELBOURNE, 29 JUNE 2022

Application for approval of the Good Food Partners Operations Pty Ltd (Dandenong Operation) Enterprise Agreement 2022

An application has been made for approval of an enterprise agreement known as the Good Food Partners Operations Pty Ltd (Dandenong Operation) Enterprise Agreement 2022 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Good Food Partners Operations Pty Ltd. The Agreement is a single enterprise agreement.

The Employer 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. The undertakings are taken to be a term of the agreement.

Subject to the undertakings referred to above, 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.

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) I note that the Agreement covers the organisation.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 6 July 2022. The nominal expiry date of the Agreement is 29 April 2026.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the Fair Work Commission, Good Food Partners Operations Pty Ltd sought approval for the Good Food Partners Operations Pty Ltd (Dandenong Operation) Enterprise Agreement 2022. The applicant sought to finalise a new enterprise agreement with its employees, who are covered by the Meat and Food Workers Union. The matter involved consideration of whether the agreement was in the best interests of the employees and whether it complied with the Fair Work Act 2009.

The legal issues before the Commission included whether the agreement provided fair and reasonable terms for the employees, whether the process by which the agreement was negotiated and formed was fair, and whether the agreement contained appropriate dispute resolution mechanisms. The Commission also had to consider whether the agreement complied with the relevant provisions of the Fair Work Act and the principles of good faith bargaining.

The Commission found that the agreement provided fair and reasonable terms for the employees and that the process by which the agreement was negotiated and formed was fair. The Commission also determined that the dispute resolution mechanisms were appropriate. The Commission concluded that the agreement was in the best interests of the employees and that it complied with the Fair Work Act. Therefore, the application for approval of the enterprise agreement was successful.

The Fair Work Commission approved the Good Food Partners Operations Pty Ltd (Dandenong Operation) Enterprise Agreement 2022. The agreement now serves as the binding enterprise agreement between Good Food Partners Operations Pty Ltd and the employees covered by the Meat and Food Workers Union.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established