DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Henry Jones Foods Pty Ltd
(AG2020/2338)

HENRY JONES FOODS PTY LTD AGREEMENT 2020

Food, beverages and tobacco manufacturing industry
COMMISSIONER JOHNS	SYDNEY, 1 SEPTEMBER 2020

Application for approval of the Henry Jones Foods Pty Ltd Agreement 2020.

[1] An application has been made for approval of an enterprise agreement known as the Henry Jones Foods Pty Ltd Agreement 2020 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Henry Jones Foods Pty Ltd. The Agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement. The undertakings are taken to be a term of the agreement.

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

[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 8 September 2020. The nominal expiry date of the Agreement is 30 June 2022.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case involves Henry Jones Foods Pty Ltd, a company seeking approval for an enterprise agreement under the Fair Work Act 2009. The application was brought before the Fair Work Commission, which has the jurisdiction to approve such agreements. The primary dispute centred around whether the proposed agreement met the legal criteria for approval, including whether it provided for a fair and efficient workplace.

The legal issues before the Commission were whether the agreement contained all the mandatory terms required by the Fair Work Act, and whether it was made in good faith and not coerced. The company argued that the agreement was fairly negotiated and provided for reasonable terms and conditions of employment. The Commission needed to determine if the agreement met the necessary standards of fairness and efficiency and whether it complied with all statutory requirements.

In assessing the application, the Commission examined the process by which the agreement was negotiated, the terms of the agreement, and whether it included all the mandatory provisions required by the Act. The Commission found that the agreement was made in good faith, was not coerced, and contained all the mandatory terms. It also concluded that the agreement provided for a fair and efficient workplace, meeting the statutory requirements for approval. Consequently, the Commission approved the Henry Jones Foods Pty Ltd Agreement 2020.

The final orders of the Commission were that the application for approval of the Henry Jones Foods Pty Ltd Agreement 2020 be granted, and the agreement be approved as a registered agreement under the Fair Work Act. The approval is effective from the date specified in the agreement and binds both the employer and the employees covered by the agreement.

Henry Jones 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