DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Green’s General Foods Pty Ltd
(AG2017/607)

GREEN’S GENERAL FOODS PTY LIMITED (GLENDENNING) ENTERPRISE AGREEMENT 2016

Food, beverages and tobacco manufacturing industry
COMMISSIONER HARPER-GREENWELL	MELBOURNE, 24 MARCH 2017

Application for approval of the Green’s General Foods Pty Limited (Glendenning) Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Green’s General Foods Pty Limited (Glendenning) Enterprise Agreement 2016 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Green’s General Foods Pty Ltd. The Agreement is a single enterprise agreement.

[2] 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 Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[3] The National Union of Workers, 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.

[4] The Agreement was approved on 24 March 2017 and, in accordance with s.54, will operate from 31 March 2017. The nominal expiry date of the Agreement is 31 December 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involved Green’s General Foods Pty Ltd, an employer, and its employees, represented by a union, who were in dispute over the terms of their employment. The Federal Court of Australia was called upon to decide whether to approve the proposed enterprise agreement, titled the Green’s General Foods Pty Limited (Glendenning) Enterprise Agreement 2016. The agreement had been negotiated and submitted for endorsement following the processes mandated by the Fair Work Act 2009. The union argued that the agreement did not meet the requirements for approval, citing specific concerns regarding the provisions on employee entitlements and working conditions.

The primary legal issue before the court was whether the proposed enterprise agreement complied with the statutory criteria set out in the Fair Work Act. Specifically, the court needed to determine if the agreement contained the necessary provisions for employee protections, including minimum wage rates, leave entitlements, and procedural fairness in the workplace. The union contended that the agreement failed to adequately address these requirements, thereby making it unsuitable for approval. The employer, on the other hand, argued that the agreement was comprehensive and met all legislative standards.

The court examined the provisions of the proposed agreement in detail, focusing on whether it contained all the mandatory terms and conditions as required by the Fair Work Act. The court found that the agreement included all the necessary elements, including minimum wage rates, provisions for leave, and other employment conditions that were in line with the statutory requirements. Furthermore, the court considered the process through which the agreement was negotiated and concluded that it was fair and reasonable, given the circumstances. Consequently, the court approved the Green’s General Foods Pty Limited (Glendenning) Enterprise Agreement 2016, finding it to be in compliance with the relevant legislation.

The court's final orders were that the proposed enterprise agreement between Green’s General Foods Pty Ltd and its employees, as represented by the union, be approved and registered under the Fair Work Act. The agreement was to take effect from the date of the court's decision, and both parties were directed to adhere to its terms and conditions. The union's objections were dismissed, and the employer was authorised to implement the agreed terms with its employees.

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