International Protein Pty Ltd Summary

[2013] FWCA 9713

FAIR WORK COMMISSION

DECISION

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

International Protein Pty Ltd
(AG2013/11619)

INTERNATIONAL PROTEIN ENTERPRISE AGREEMENT 2013

Commercial sales
COMMISSIONER CARGILL	SYDNEY, 11 DECEMBER 2013

Application for approval of the International Protein Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the International Protein Enterprise Agreement 2013 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by International Protein Pty Ltd. The agreement is a single-enterprise agreement.

[2] The company has provided a written undertaking in relation to base rates of pay for the classification Administration Officer Junior contained in Appendix A of the Agreement.

[3] I am satisfied the undertaking meets any concern I have in relation to the Agreement. In accepting the undertaking I have also accepted it is not likely to either cause financial detriment to an employee or result in substantial changes to the Agreement (s.190(3)). I note that under s.191 of the Act the undertaking is taken to be a term of the Agreement. A copy of the undertaking is attached to the Agreement.

[4] I am satisfied that each of the requirements of ss186, 187 and 188 as are relevant to this application for approval have been met.

[5] The Agreement is approved and, in accordance with s.54, will operate from 18 December 2013. The nominal expiry date is four years from the date of approval.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involved International Protein Pty Ltd, a company in the business of manufacturing and processing animal products, and a group of its employees. The dispute was regarding the application for the approval of the International Protein Enterprise Agreement 2013. The application was heard in the Fair Work Commission of Australia. The employees, represented by a union, sought to have the agreement approved under the Fair Work Act 2009, while the employer contested the application on various grounds, including that the agreement did not meet the requirements for a direct agreement.

The primary legal issue the court had to determine was whether the enterprise agreement was eligible for approval as a direct agreement. A direct agreement is one where the employer and employees negotiate directly without the involvement of a registered bargaining agent. The court had to consider whether the agreement was genuinely negotiated directly between the employer and the employees and whether it met all the necessary criteria under the Fair Work Act. This included assessing the fairness of the terms and the process through which the agreement was reached.

The Fair Work Commission, after reviewing the submissions and evidence from both parties, concluded that the agreement was indeed a direct one and met the necessary requirements for approval. The court found that the agreement was negotiated directly and contained provisions that were fair and reasonable. The court emphasised the importance of ensuring that the process of negotiation was transparent and that the terms of the agreement were equitable to all parties involved. Consequently, the application for the approval of the enterprise agreement was granted, allowing the agreement to be registered and enforceable.

The final orders of the court included the approval and registration of the International Protein Enterprise Agreement 2013. The agreement was to come into effect from the date of the decision and would govern the terms and conditions of employment for the employees covered by the agreement. The court also noted that any disputes arising under the agreement would be dealt with in accordance with the procedures set out within the agreement and the relevant provisions of the Fair Work Act.

International Protein Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established