DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Gruma Oceania Pty Ltd T/A Mission Foods
(AG2017/1603)

THE GRUMA OCEANIA ENTERPRISE AGREEMENT 2017

Food, beverages and tobacco manufacturing industry
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 5 JUNE 2017

Application for approval of The Gruma Oceania Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as The Gruma Oceania Enterprise Agreement 2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Gruma Oceania Pty Ltd T/A Mission Foods. 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 “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) 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 5 June 2017 and, in accordance with s.54, will operate from 12 June 2017. The nominal expiry date of the Agreement is 5 December 2020.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Gruma Oceania Pty Ltd, trading as Mission Foods, applied to the Fair Work Commission for approval of the Gruma Oceania Enterprise Agreement 2017. The application arose from negotiations between the company and its employees, seeking to establish terms and conditions of employment. The legal issues before the court involved the validity and fairness of the proposed agreement, including whether it complied with the requirements of the Fair Work Act 2009. The court needed to determine if the agreement met the criteria for approval, particularly concerning the bargaining process, the content of the agreement, and its implications for employees.

The court examined the process through which the agreement was negotiated and whether it was genuinely negotiated. It assessed the fairness of the agreement by reviewing its provisions against the Fair Work Act's requirements, including the provision of adequate pay and conditions. The court also considered the impact of the agreement on the employees, ensuring that it did not disadvantage any employee in comparison to others. In its reasoning, the court emphasised the importance of good faith bargaining and the need for the agreement to reflect fair and reasonable terms that benefited both parties.

The Fair Work Commission approved the Gruma Oceania Enterprise Agreement 2017, finding that it met the legal standards for approval. The court was satisfied that the agreement was genuinely negotiated in good faith and that it provided fair and reasonable terms and conditions of employment. The commission acknowledged that the agreement offered benefits to employees while also considering the company's operational needs. The court determined that the agreement complied with the Fair Work Act and did not disadvantage any employees, thereby meeting the criteria for approval.

Gruma Oceania Pty Ltd T/A Mission Foods

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established