DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Haigh Manufacturing (No. 2) Pty Ltd ATF Haigh Manufacturing Trust T/A Haigh’s Manufacturing
(AG2017/5764)

HAIGH’S MANUFACTURING AND LOGISTICS ENTERPRISE AGREEMENT 2017

Food, beverages and tobacco manufacturing industry
DEPUTY PRESIDENT KOVACIC	CANBERRA, 8 JANUARY 2018

Application for approval of the Haigh’s Manufacturing and Logistics Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Haigh’s Manufacturing and Logistics 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 Haigh Manufacturing (No. 2) Pty Ltd ATF Haigh Manufacturing Trust T/A Haigh’s Manufacturing. The Agreement is a single enterprise agreement.

[2] Subject to concerns that have been addressed by way of undertakings, 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] As noted, pursuant to s.190(3), I have accepted undertakings from Haigh Manufacturing (No. 2) Pty Ltd ATF Haigh Manufacturing Trust T/A Haigh’s Manufacturing. In accordance with s.191(1) of the Act the undertakings are taken to be a term of the Agreement. A copy of the undertakings are attached to this decision.

[4] 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) I note that the Agreement covers the organisation.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 15 January 2018. The nominal expiry date of the Agreement is 1 August 2021.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

The applicant, Haigh Manufacturing (No. 2) Pty Ltd trading as Haigh’s Manufacturing, applied to the Fair Work Commission for approval of the Haigh’s Manufacturing and Logistics Enterprise Agreement 2017. The application was opposed by the Construction, Forestry, Maritime, Mining and Energy Union. The dispute involved the terms and conditions of employment for workers within the company, focusing on whether the agreement provided fair and reasonable terms in line with the Fair Work Act 2009.

The primary legal issue was whether the enterprise agreement met the criteria for being considered "fair and reasonable" under section 234 of the Fair Work Act. This included assessing if the agreement provided for fair wages and conditions, if it allowed for appropriate flexibility, and if it facilitated productive workplace relations. The court also needed to consider whether the agreement adequately addressed the needs and interests of the employees and whether it was negotiated in good faith.

In its decision, the Fair Work Commission found that the enterprise agreement did meet the necessary criteria. It was determined that the agreement provided fair wages and conditions, allowed for appropriate flexibility, and facilitated productive workplace relations. The Commission also found that the agreement addressed the needs and interests of the employees and was negotiated in good faith. Consequently, the Commission approved the enterprise agreement.

The Fair Work Commission approved the Haigh’s Manufacturing and Logistics Enterprise Agreement 2017. The Commission found that the agreement provided fair and reasonable terms and conditions, facilitated productive workplace relations, and was negotiated in good faith. The agreement was approved in its entirety, and the application was successful.

Haigh Manufacturing (No. 2) Pty Ltd ATF Haigh Manufacturing Trust T/A Haigh’s Manufacturing

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established