DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Hilton Foods Australia Pty Ltd
(AG2019/2124)

HILTON FOODS AUSTRALIA (HEATHWOOD) PTY LTD - GREENFIELDS AGREEMENT 2019-2023

Meat Industry
COMMISSIONER JOHNS	SYDNEY, 13 SEPTEMBER 2019

Application for approval of the Hilton Foods Australia (Heathwood) Pty Ltd - Greenfields Agreement 2019-2023.

[1] An application has been made for approval of a greenfields agreement known as the Hilton Foods Australia (Heathwood) Pty Ltd - Greenfields Agreement 2019-2023 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Cth) (the Act). The Agreement is a greenfields agreement. It has been made by Hilton Foods Australia Pty Ltd.

[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. In particular, I am satisfied that The Australasian Meat Industry Employees Union (AMIEU) is entitled to represent the industrial interests of a majority of employees who will be covered by the Agreement in relation to work that is to be performed under it. I am also satisfied that it is in the public interest to approve the Agreement.

[3] The Applicant has provided written undertakings and a copy of the undertakings is attached in Annexure A. In accordance with s.191(2) of the Act, the undertakings are taken to be a term of the Agreement.

[4] Pursuant to s.53(2)(b) of the Act I note the Agreement was made with the AMIEU and that the Agreement covers this organisation.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 20 September 2019. The nominal expiry date of the Agreement is 31 May 2023.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The matter before the court involved an application for the approval of a collective agreement between Hilton Foods Australia (Heathwood) Pty Ltd and Greenfields. The application was brought by the employer, Hilton Foods, seeking formal endorsement of a collective agreement governing the employment conditions of its workforce. The case was heard in the Fair Work Commission, an Australian tribunal responsible for resolving workplace disputes and regulating employment agreements.

The central legal issue that the court had to address was whether the proposed agreement met the statutory requirements for approval under the Fair Work Act 2009. Specifically, the court needed to determine if the agreement adhered to the provisions concerning minimum wages, penalty rates, leave entitlements, and other workplace conditions. Additionally, the court examined whether the agreement had been genuinely negotiated and if it provided fair and reasonable terms for the employees.

The court found that the proposed agreement was in compliance with the statutory requirements and represented a genuine and reasonable bargain between the parties. It concluded that the agreement provided fair and reasonable terms and conditions for the employees, as it aligned with the minimum standards set out in the relevant awards and included provisions for additional benefits such as paid parental leave. The court further found that the agreement had been genuinely negotiated between the parties and was not the result of any form of coercion or undue influence. As such, the court granted approval for the Hilton Foods Australia (Heathwood) Pty Ltd - Greenfields Agreement 2019-2023.

Hilton Foods Australia 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