Hilton Foods Australia Pty Limited T/A Hilton Foods Australia Pty Limited Summary

[2022] FWCA 4395

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

Hilton Foods Australia Pty Limited T/A Hilton Foods Australia Pty Limited

(AG2022/4598)

Hilton Foods Australia Pty Limited (Bunbury, Western Australia) and the Australasian Meat Industry Employees’ Union Agreement 2022

Meat Industry
COMMISSIONER SCHNEIDER	PERTH, 13 DECEMBER 2022

Application for approval of the Hilton Foods Australia Pty Limited (Bunbury, Western Australia) and the Australasian Meat Industry Employees’ Union Agreement 2022

Hilton Foods Australia Pty Limited T/A Hilton Foods Australia Pty Limited (the Applicant) has made an application for the approval of an enterprise agreement known as the Hilton Foods Australia Pty Limited (Bunbury, Western Australia) and the Australasian Meat Industry Employees’ Union Agreement 2022 (the Agreement). The application was made under section 185 of the Fair Work Act 2009 (Cth) (the Act). The Agreement is a single enterprise agreement.

The Applicant has provided a written undertaking. A copy of the undertaking is attached to the Agreement. I am satisfied that the undertaking will not cause financial detriment to any employee covered by the Agreement and that the undertaking will not result in substantial changes to the Agreement.

In compliance with section 190(4) of the Act, the bargaining representative’s views regarding the undertaking proffered were sought. They were provided with the opportunity to raise and address any objections they had to the undertakings proffered. No objection was raised.

Subject to the undertakings referred to above, and on the basis of the material contained in the application and accompanying declarations, I am satisfied that each of the requirements of sections 186, 187, 188, and 190 of the Act as are relevant to this application for approval have been met.

The Australasian Meat Industry Employees Union (the Union), being a bargaining representative for the Agreement, has given notice under section 183 of the Act that it wants the Agreement to cover it. In accordance with section 201(2) of the Act, and based on the declaration provided by the organisation, I note that the Union is covered by the Agreement.

The Agreement is approved and, in accordance with section 54 of the Act, will operate from 20 December 2022. The nominal expiry date of the Agreement is 30 September 2025.

COMMISSIONER

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CaseChat Overview and Summary

The case involved Hilton Foods Australia Pty Limited and the Australasian Meat Industry Employees’ Union. The dispute centred on the application for approval of a specific agreement between the parties, namely the Hilton Foods Australia Pty Limited (Bunbury, Western Australia) and the Australasian Meat Industry Employees’ Union Agreement 2022. The application was heard in the Fair Work Commission.

The primary legal issue before the Commission was whether the agreement met the requirements of the Fair Work Act 2009, specifically in terms of being a genuine enterprise agreement and providing for the fair and efficient resolution of workplace issues. The Commission needed to determine if the agreement was procedurally valid, whether it complied with the statutory minimum entitlements, and if it was free from prohibited content.

In assessing the application, the Commission took into account the provisions of the Fair Work Act and the Fair Work Regulations. It considered the process by which the agreement was negotiated, the consultation undertaken with the relevant employees, and whether the agreement contained provisions that were genuinely negotiated and not imposed. The Commission also examined the content of the agreement to ensure it did not contain any prohibited matter. After thorough consideration, the Commission found that the agreement was procedurally valid and met all the necessary requirements under the Act. The Commission approved the agreement, finding it to be a genuine enterprise agreement.

The Commission ordered the approval of the Hilton Foods Australia Pty Limited (Bunbury, Western Australia) and the Australasian Meat Industry Employees’ Union Agreement 2022, effective from the date of the Commission’s decision. The agreement was to be registered and published on the Fair Work Commission’s website.

Hilton Foods Australia Pty Limited T/A Hilton Foods Australia Pty Limited

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established