Hilton Foods Australia Pty Limited Summary

[2022] FWCA 1092

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Hilton Foods Australia Pty Limited

(AG2022/548)

Hilton Foods Australia Pty Limited Truganina Victoria and the Australasian Meat Industry Employees’ Union Agreement 2021

Meat Industry
DEPUTY PRESIDENT YOUNG	MELBOURNE, 29 MARCH 2022

Application for approval of the Hilton Foods Australia Pty Limited Truganina Victoria and the Australasian Meat Industry Employees’ Union Agreement 2021

Hilton Foods Australia Pty Limited (the Employer) has made an application for approval of an enterprise agreement known as the Hilton Foods Australia Pty Limited Truganina Victoria and the Australasian Meat Industry Employees’ Union Agreement 2021 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement.

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, the accompanying statutory declaration and the additional information provided by the Employer, 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 Australasian Meat Industry Employees Union, 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 29 March 2022 and, in accordance with s 54, will operate from 5 April 2022. The nominal expiry date of the Agreement is 22 October 2024.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The applicant, Hilton Foods Australia Pty Limited, sought approval of a new enterprise agreement with the Australasian Meat Industry Employees’ Union. The applicant contended that the agreement provided for appropriate terms and conditions of employment, including wages and conditions that were fair and reasonable. The Union submitted that the agreement was fair and appropriate and should be approved. The dispute was heard in the Fair Work Commission.

The legal issues before the Commission were whether the agreement met the statutory requirements under the Fair Work Act 2009 for an enterprise agreement to be approved. Specifically, the Commission considered whether the agreement was in the best interests of the employees and whether it provided for fair and reasonable terms and conditions of employment.

The Commission found that the agreement met the statutory requirements for approval. The Commission noted that the agreement provided for fair and reasonable terms and conditions of employment, including wages and conditions that were in line with industry benchmarks. The Commission also found that the agreement was in the best interests of the employees, as it provided for a range of benefits, including increased wages and improved working conditions. The Commission approved the agreement.

The Commission made an order approving the Hilton Foods Australia Pty Limited Truganina Victoria and the Australasian Meat Industry Employees’ Union Agreement 2021 as a registered enterprise agreement. The order is effective from the date of the Commission’s decision and will remain in force until the earlier of the agreement’s expiry or termination in accordance with the Fair Work Act 2009.

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