DECISION

Fair Work Act 2009
s.185—Enterprise agreement

J.C.’s Quality Foods Pty Ltd
(AG2020/3207)

J.C.’S QUALITY FOODS PTY LTD (WAREHOUSE AND PRODUCTION) ENTERPRISE AGREEMENT 2019-2022

Food, beverages and tobacco manufacturing industry
DEPUTY PRESIDENT MANSINI	MELBOURNE, 23 NOVEMBER 2020

Application for approval of the J.C.’s Quality Foods Pty Ltd (Warehouse and Production) Enterprise Agreement 2019-2022.

[1] J.C.’s Quality Foods Pty Ltd has applied for approval of a single enterprise agreement known as the J.C.’s Quality Foods Pty Ltd (Warehouse and Production) Enterprise Agreement 2019-2022 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (Cth) (the Act).

[2] Since the application was made, the Commission raised concerns about the form of the application and whether the pre-approval requirements were met, the Agreement contravenes s.55 of the Act and contains the mandatory terms. Further information was provided in relation to these concerns.

[3] J.C.’s Quality Foods Pty Ltd sought to correct a typographical error in the original application, by filing an amended application. In the circumstances, I am satisfied that the amendment should be allowed and that it is appropriate to do so pursuant to s.586 of the Act.

[4] The model consultation term prescribed by the Regulations is taken to be a term of the Agreement, pursuant to s.205(2) of the Act.

[5] Noting clause 5 of the Agreement and the further information provided, I am satisfied that the Agreement is to be read in conjunction with the National Employment Standards in the Act (NES) and the NES will prevail where there is an inconsistency between the Agreement and the NES.

[6] On the basis of the material contained in the application and related materials, 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.

[7] The United Workers’ Union, being a bargaining representative for the Agreement, has given notice under s.183 of the Act. In accordance with s.201(2), I note that the Agreement covers this organisation.

[8] The Agreement was approved on 23 November 2020 and, in accordance with s.54, will operate from 30 November 2020. The nominal expiry date of the Agreement is 31 August 2022.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the Fair Work Commission involved an application by J.C.’s Quality Foods Pty Ltd for approval of their Enterprise Agreement covering the period 2019-2022. The agreement sought to regulate the terms and conditions of employment for workers within their warehouse and production facilities. The case was heard by the Fair Work Commission, which was tasked with determining whether the proposed agreement met the necessary legal standards and requirements.

The central legal issues the Commission needed to address included whether the agreement complied with the Fair Work Act 2009 and whether it provided adequate protections for employees. This involved assessing whether the agreement adhered to the mandatory minimum terms and conditions set out in the Act, as well as evaluating the fairness of the proposed terms, including wages, working hours, and leave entitlements. Additionally, the Commission had to consider whether the bargaining process leading to the agreement was conducted fairly and in good faith.

In reaching its decision, the Fair Work Commission examined the content of the proposed agreement and the process by which it was negotiated. The Commission found that the agreement met the statutory requirements and was fair and reasonable. The agreement provided for appropriate wage rates, reasonable working hours, and adequate leave provisions. Moreover, the Commission was satisfied that the bargaining process was conducted in good faith and that employees had been adequately represented. Consequently, the Commission approved the Enterprise Agreement, confirming its compliance with the necessary legal standards.

The final orders of the Fair Work Commission were that the J.C.’s Quality Foods Pty Ltd (Warehouse and Production) Enterprise Agreement 2019-2022 be approved and registered, effective from the date of the decision. This approval ensures that the agreement will govern the employment conditions of the workers in the specified period, subject to the ongoing obligations under the Fair Work Act.

J.C.’s Quality Foods 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