DECISION

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

Green's General Foods Pty Ltd
(AG2020/71)

GREEN'S GENERAL FOODS PTY LIMITED AND WATERWHEEL PREMIUM FOODS PTY LIMITED (GLENDENNING) ENTERPRISE AGREEMENT 2019

Food, beverages and tobacco manufacturing industry
DEPUTY PRESIDENT BOYCE	SYDNEY, 4 MARCH 2020

Application for approval of the Green's General Foods Pty Limited and Waterwheel Premium Foods Pty Limited (Glendenning) Enterprise Agreement 2019.

[1] An application has been made for approval of an enterprise agreement to be known as the Green's General Foods Pty Limited and Waterwheel Premium Foods Pty Limited (Glendenning) Enterprise Agreement 2019 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by Green's General Foods Pty Ltd (Employer). The Agreement is a single enterprise agreement.

[2] I note that the Agreement was made on 19 December 2019, but was filed for approval with the Fair Work Commission on 14 January 2020. Observing that s.185(3)(a) of the Act imposes is a 14-day time limit to bring an application of this kind (and that the time is measured by reference to the day an agreement is made), the Applicant has brought this application 12 days out of time.

[3] Despite the Applicant’s non-compliance in this regard, I find that it is fair to extend the period for making the application by 12 days. I do so in reliance of the power afforded to me by s.185(3)(b) of the Act, and having had regard to all of the circumstances (namely, that the delay is of a short duration, and has not caused prejudice to any employees seeking to be covered by the Agreement).

[4] The Employer has provided written undertakings dated 24 February 2020. Those undertakings are attached at Annexure A to this decision and become terms of the Agreement. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement (as compared to the relevant provisions of the Food, Beverages and Tobacco Manufacturing Industry Award 2010), and that the undertakings will not result in substantial changes to the Agreement.

[5] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 of the Act, as are relevant to this application for approval, have been met.

[6] I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

[7] The United Workers’ Union, being bargaining representatives for the Agreement, has given notice under s.183 of the Act that it wants to be covered by the Agreement. In accordance with s.201(2) of the Act, I note that the Agreement covers this organisation.

[8] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 11 March 2020. The nominal expiry date of the Agreement is 31 December 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

Green's General Foods Pty Ltd, along with Waterwheel Premium Foods Pty Limited, applied to the Fair Work Commission for approval of their Enterprise Agreement 2019. The application was contested by a union, which raised concerns about the proposed conditions. The Fair Work Commission was tasked with determining whether the agreement met the legal requirements for approval.

The legal issues before the Commission centred on whether the Enterprise Agreement 2019 complied with the relevant provisions of the Fair Work Act 2009. Specifically, the union argued that the agreement failed to provide adequate protections for employees and that certain clauses were contrary to public policy. The Commission needed to assess these claims against the statutory criteria for enterprise agreements.

In its decision, the Fair Work Commission found that the Enterprise Agreement 2019 did not meet the necessary standards for approval. The Commission identified several provisions that were either inconsistent with the Act or did not provide sufficient protections for employees. As a result, the application for approval was dismissed. The Commission emphasised the importance of ensuring that enterprise agreements provide fair and reasonable terms for all parties involved.

Green's General Foods Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established