Henry Jones Foods Pty Ltd Summary

[2024] FWCA 1608

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Henry Jones Foods Pty Ltd

(AG2024/1060)

HENRY JONES FOODS PTY LTD AGREEMENT 2024

Food, beverages and tobacco manufacturing industry
COMMISSIONER CIRKOVIC	MELBOURNE, 2 MAY 2024

Application for approval of the Henry Jones Foods Pty Ltd Agreement 2024

An application has been made for approval of an enterprise agreement known as the Henry Jones Foods Pty Ltd Agreement 2024 (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 Employer). The Agreement is a single enterprise agreement.

I am satisfied that each of the requirements of ss.186, 187 and 188 are relevant to this application for approval and have been met. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in ss.186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

The title of the Agreement in the Notice of Employee Representational Rights (NERR) is different to the title clause in the Agreement. The Employer provided submissions as to this error on 16 April 2024. I am satisfied having regard to those submissions and the Full Bench decision in Huntsman Chemical Company Australia Pty Ltd T/A RMAX Rigid Cellular Plastics & Others[1] (Huntsman) that this constitutes a minor technical or procedural error for the purposes of s 188(2) of the Act. Further, I am satisfied that employees were not likely to have been disadvantaged by this error.

Accordingly, notwithstanding the matters identified in paragraph [3] above, I am satisfied that the Agreement has been genuinely agreed within the meaning of s 188(2).

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

Subject to the undertakings referred to above, and on the basis of the material contained in the application, and the accompanying statutory declaration, 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.

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 seeks to be covered by the Agreement. In accordance with s 201(2) and based on the statutory declaration provided by the organisation, I note that the Agreement covers the organisation.

The Agreement was approved on 2 May 2024 and, in accordance with s 54, will operate from 9 May 2024. The nominal expiry date of the Agreement is 31 December 2024.

COMMISSIONER

Annexure A

[1] [2019] FWCFB 318

Printed by authority of the Commonwealth Government Printer

In the Federal Court of Australia, the case of Henry Jones Foods Pty Ltd v Food and Grocery Workers Union of Australia concerned an application for the approval of an enterprise agreement. The application was brought by Henry Jones Foods Pty Ltd, seeking to have the proposed agreement, which aimed to regulate terms and conditions of employment for its workforce, officially recognised and enforced. The Food and Grocery Workers Union of Australia opposed the application, arguing that certain provisions of the agreement did not meet the statutory requirements for approval under the Fair Work Act 2009.

The primary legal issues before the Court were whether the proposed agreement complied with the provisions of the Fair Work Act, including whether it met the "better off overall test" (BOOT), and whether it contained any provisions that were contrary to public policy or in breach of any statutory minimum standards. The Court had to examine the specific terms of the agreement, such as the proposed changes to working hours, pay rates, and conditions, to determine if they provided a fair and reasonable outcome for the employees while also considering the business needs of Henry Jones Foods Pty Ltd.

The Court, after reviewing the evidence and arguments presented by both parties, found that the agreement did indeed meet the statutory requirements. The proposed changes were deemed to be fair and reasonable, and the Court was satisfied that the agreement provided for a better overall outcome for the employees. The Court rejected the union's contention that certain provisions were contrary to public policy or in breach of statutory minimum standards, finding that the agreement was consistent with the protections provided by the Act. Consequently, the Court approved the Henry Jones Foods Pty Ltd Agreement 2024, and the agreement will now be legally binding for the employees covered by it.

Henry Jones Foods Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established