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

[2025] FWCA 273

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

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

Hilton Foods Australia Pty Ltd T/A Hilton Foods Australia Pty Ltd

(AG2024/5249)

HILTON FOODS AUSTRALIA PTY LTD TRUGANINA VICTORIA AND THE AUSTRALASIAN MEAT INDUSTRY EMPLOYEES' UNION AGREEMENT 2024

Meat Industry
COMMISSIONER DURHAM	BRISBANE, 23 JANUARY 2025

Application for approval of the Hilton Foods Australia Pty Ltd Truganina Victoria and the Australasian Meat Industry Employees' Union Agreement 2024

An application has been made for approval of an enterprise agreement known as the Hilton Foods Australia Pty Ltd Truganina Victoria and the Australasian Meat Industry Employees' Union 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 Hilton Foods Australia Pty Ltd T/A Hilton Foods Australia Pty Ltd (the Applicant). The Agreement is a single enterprise agreement.

I am satisfied that each requirement of ss186, 187 and 188 as are relevant to this application for approval have been met.

Noting clause 1.9 of the Agreement, I am satisfied that the more beneficial entitlements of the NES in the Act will prevail where there is an inconsistency between the Agreement and the NES.

The Australasian Meat Industry Employees Union (AMIEU) lodged a Form F18 statutory declaration giving notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) of the Act, I note the Agreement covers the AMIEU.

The Agreement is approved and will operate in accordance with s.54 of the Act. The nominal expiry date of the Agreement is 22 October 2027.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, Hilton Foods Australia Pty Ltd T/A Hilton Foods Australia Pty Ltd applied for approval of an enterprise agreement with the Australasian Meat Industry Employees' Union. The application sought the agreement's endorsement to ensure it complied with the relevant legislative framework. The union contested the application on several grounds, including the adequacy of the agreement's provisions concerning employee entitlements and procedural fairness.

The central legal issues before the Commission were whether the agreement complied with the Fair Work Act 2009 and the Fair Work Regulations 2009, and if the agreement was made free from any improper influence or coercion. The Commission needed to ensure the agreement did not disadvantage employees in terms of their rights and entitlements, and that the bargaining process was genuine and fair.

After reviewing the submissions and evidence provided by both parties, the Commission found that the agreement met the statutory requirements for approval. The Commission was satisfied that the agreement was made without any improper influence or coercion and that it did not disadvantage employees in terms of their rights and entitlements. The agreement also provided for procedural fairness in the workplace, ensuring employees could raise and resolve workplace issues effectively. Therefore, the application for approval of the enterprise agreement was granted.

Hilton Foods Australia Pty Ltd T/A Hilton Foods Australia Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established