DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Hilton Foods Australia Pty Limited
(AG2020/3107)

HILTON FOODS AUSTRALIA PTY LIMITED (BUNBURY, WESTERN AUSTRALIA) AND THE AUSTRALASIAN MEAT INDUSTRY EMPLOYEES' UNION AGREEMENT 2020

Meat Industry
COMMISSIONER WILLIAMS	PERTH, 12 NOVEMBER 2020

Application for approval of the Hilton Foods Australia Pty Limited (Bunbury, Western Australia) and the Australasian Meat Industry Employees' Union Agreement 2020.

[1] An application has been made for approval of an enterprise agreement known as the Hilton Foods Australia Pty Limited (Bunbury, Western Australia) and the Australasian Meat Industry Employees' Union 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 Hilton Foods Australia Pty Limited. The Agreement is a single enterprise agreement.

[2] 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 Australasian Meat Industry Employees Union 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.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 19 November 2020. The nominal expiry date of the Agreement is 30 September 2022.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case before the Fair Work Commission involved an application by Hilton Foods Australia Pty Limited for the approval of an enterprise agreement with the Australasian Meat Industry Employees' Union. The company sought to have the agreement, which aimed to establish terms and conditions for its employees, officially recognised and enforceable. The matter was heard in the Fair Work Commission, a federal workplace relations tribunal.

The primary legal issue before the Commission was whether the proposed agreement met the requirements under the Fair Work Act 2009. Specifically, the Commission had to determine if the agreement was "genuinely" an enterprise agreement, if it complied with the relevant provisions of the Act, and if it was free from any prohibited content. The agreement's compliance with procedural fairness and its alignment with the objectives of the Act were also scrutinized.

In evaluating the application, the Commission considered various factors, including the negotiation process, the extent of union and employer involvement, and the fairness of the agreement's terms. The Commission found that the agreement had been genuinely negotiated between the parties and that it was free from any prohibited content. Additionally, the agreement was deemed to comply with all statutory requirements and promote the objectives of the Act. Consequently, the Commission approved the agreement, making it a legally binding enterprise agreement.

The Fair Work Commission's decision was that the Hilton Foods Australia Pty Limited (Bunbury, Western Australia) and the Australasian Meat Industry Employees' Union Agreement 2020 was approved and would become effective upon its registration. This outcome allowed the terms of the agreement to be enforced, providing clarity and stability in the employment relationship between the parties.

Hilton Foods Australia Pty Limited

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established