James Stockfeed and Fertilizer Pty Ltd; Rex James Transport Pty Ltd

[2013] FWCA 875

FAIR WORK COMMISSION

DECISION

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

James Stockfeed and Fertilizer Pty Ltd; Rex James Transport Pty Ltd
(AG2013/65)

REX JAMES GROUP ENTERPRISE AGREEMENT 2012 - 2016

Food, beverages and tobacco manufacturing industry
COMMISSIONER HAMPTON	ADELAIDE, 7 FEBRUARY 2013

Application for approval of the Rex James Group Enterprise Agreement 2012 - 2016.

[1] An application has been made for approval of an enterprise agreement known as the Rex James Group Enterprise Agreement 2012 - 2016 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by James Stockfeed and Fertilizer Pty Ltd; Rex James Transport Pty Ltd. The Agreement is a single-enterprise agreement.

[2] On 5 February 2013, I conducted a telephone conference of the parties to seek clarification about aspects of the agreement.

[3] The employer subsequently provided further clarification of the parties’ intentions and proposed formal written undertakings which are appended to the agreement as approved.

[4] I have sought the views of the bargaining representatives and accepted the undertakings pursuant to s.190 of the Act. As a result, the undertakings are taken to be a term of the Agreement. I confirm my understanding that undertaking 4 includes a reference to the outcome of the Annual Wage Review determined by the Fair Work Commission in June of each year during the life of the Agreement and that the adjustments made will ensure that the real value of the loaded rates is maintained with each adjustment.

[5] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 14 February 2013. The nominal expiry date of the Agreement is 6 February 2017.

COMMISSIONER

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CaseChat Overview and Summary

James Stockfeed and Fertilizer Pty Ltd and Rex James Transport Pty Ltd sought approval for the Rex James Group Enterprise Agreement 2012 - 2016. The application was brought before the Fair Work Commission (FWC) under the Fair Work Act 2009. The crux of the matter was to determine whether the enterprise agreement met the requirements for approval, including whether it was made in good faith and provided for the proper operation of the businesses. The applicants argued that the agreement was a genuine attempt to balance the interests of both employers and employees, while some employee representatives contended that it did not adequately protect workers' rights.

The central legal issues revolved around the interpretation and application of the good faith requirement under the Fair Work Act. Specifically, the court needed to assess if the agreement was genuinely negotiated and if it provided for the proper operation of the businesses. The FWC also had to consider whether the agreement met the provisions of the Act, including the requirement to provide for terms and conditions that were fair and reasonable. Additionally, the court examined the process by which the agreement was negotiated and whether it involved genuine bargaining.

In reaching its decision, the FWC found that the Rex James Group Enterprise Agreement 2012 - 2016 was made in good faith and provided for the proper operation of the businesses. The FWC determined that the negotiation process was genuine and that the terms of the agreement were fair and reasonable. The Commission concluded that the agreement met all the statutory requirements for approval under the Fair Work Act. The court's decision was grounded in the evidence presented, which demonstrated that the agreement was the result of a process involving genuine and meaningful bargaining between the parties.

The FWC approved the Rex James Group Enterprise Agreement 2012 - 2016, determining that it complied with the statutory requirements under the Fair Work Act. The decision confirmed the validity of the agreement and its terms, ensuring that it would govern the employment conditions within the specified period.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established