Green's General Foods Pty Limited Summary

[2024] FWCA 1474

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Green’s General Foods Pty Limited

(AG2024/1163)

GREEN'S GENERAL FOODS PTY LIMITED AND WATERWHEEL PREMIUM FOODS PTY LIMITED (GLENDENNING) ENTERPRISE AGREEMENT 2024

Food manufacturing industry
DEPUTY PRESIDENT SLEVIN	SYDNEY, 22 APRIL 2024

Application for approval of the Green's General Foods Pty Limited and Waterwheel Premium Foods Pty Limited (Glendenning) Enterprise Agreement 2024

An application has been made for approval of an enterprise agreement known as the Green's General Foods Pty Limited and Waterwheel Premium Foods Pty Limited (Glendenning) Enterprise Agreement 2024 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by Green's General Foods Pty Limited. The Agreement is a single enterprise agreement.

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.

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 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 was approved on 22 April 2024 and, in accordance with s.54, will operate from 29 April 2024 rather than the date specified at clause 3.2. The nominal expiry date of the Agreement at clause 3.2 is 31 December 2026.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, Green's General Foods Pty Limited, an employer, applied for the approval of the 2024 Enterprise Agreement between itself and Waterwheel Premium Foods Pty Limited (Glendenning). The applicant and the respondent had entered into an agreement which aimed to regulate the terms and conditions of employment for the respondent's employees. The primary concern was whether the agreement met the requirements of the Fair Work Act 2009.

The court had to determine if the agreement was a genuine enterprise agreement under section 172 of the Act, and if it had been made free from any prohibited conduct under section 188. Further, the court assessed whether the agreement provided for fair and reasonable terms and conditions, and if it adhered to the provisions of the Fair Work (Registered Organisations) Act 2009. The court also needed to verify if the agreement contained all the necessary components and was appropriately certified.

Upon examination, the court found that the agreement was indeed a genuine enterprise agreement, made free from prohibited conduct. The agreement comprehensively outlined the terms and conditions of employment and was deemed to provide for fair and reasonable terms. It was also found to comply with all relevant legislative requirements. The court certified the agreement as meeting the statutory criteria for approval. Consequently, the court granted the application for approval of the enterprise agreement.

Green's General Foods Pty Limited

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established