Gruma Oceania Pty Ltd T/A Mission Foods

[2013] FWCA 6149

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Gruma Oceania Pty Ltd T/A Mission Foods
(AG2013/7197)

THE GRUMA OCEANIA ENTERPRISE AGREEMENT 2012

Food, beverages and tobacco manufacturing industry
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 26 AUGUST 2013

Application for approval of The Gruma Oceania Enterprise Agreement 2012.

[1] An application has been made for approval of an enterprise agreement known as The Gruma Oceania Enterprise Agreement 2012 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by Gruma Oceania Pty Ltd T/A Mission Foods. The Agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act 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, have given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) of the Act I note that the Agreement covers this organisation.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 2 September 2013. The nominal expiry date of the Agreement is 5 December 2016.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Gruma Oceania Pty Ltd, trading as Mission Foods, sought approval of the Gruma Oceania Enterprise Agreement 2012. The matter was heard in the Fair Work Commission, where the central issue was whether the agreement met the legal requirements for approval under the Fair Work Act 2009. The dispute centred on whether the agreement adequately protected employees' rights and whether it had been negotiated fairly.

The primary legal issue was whether the agreement complied with section 232 of the Act, which requires that an enterprise agreement must provide for a minimum rate of pay and minimum conditions that are no less favourable than the relevant award or safety net. Additionally, the court needed to determine whether the agreement had been genuinely bargained between employers and employees. Mission Foods argued that the agreement was fair and reasonable, while the union contended that it failed to meet these standards.

The Commission considered the evidence and submissions from both parties. It found that the agreement provided for a minimum rate of pay and conditions that were not less favourable than the relevant award. The Commission also concluded that the agreement had been genuinely bargained between the parties, taking into account the process followed in negotiating the agreement and the involvement of the union. Therefore, the Commission approved the Gruma Oceania Enterprise Agreement 2012.

The Fair Work Commission ordered the approval of the Gruma Oceania Enterprise Agreement 2012, recognising it as a valid and legally binding enterprise agreement under the Fair Work Act 2009. This decision underscored the importance of ensuring that enterprise agreements meet the statutory requirements and are the product of genuine bargaining between employers and employees.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established