Kraft Foods Limited Summary

[2013] FWCA 520

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Kraft Foods Limited
(AG2012/12882)

KRAFT PORT MELBOURNE ENTERPRISE AGREEMENT 2012

Food, beverages and tobacco manufacturing industry
COMMISSIONER GREGORY	MELBOURNE, 25 JANUARY 2013

Application for approval of the Kraft Port Melbourne Enterprise Agreement 2012.

[1] An application has been made for approval of an enterprise agreement known as the Kraft Port Melbourne Enterprise Agreement 2012 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Kraft Foods Limited. The agreement is a single-enterprise agreement.

[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.

[3] The National Union of Workers, being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2), I note that the Agreement covers the organisation.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 1 February 2013. The nominal expiry date of the Agreement is 30 September 2014.

COMMISSIONER

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CaseChat Overview and Summary

In the Fair Work Commission, Kraft Foods Limited sought approval of the Kraft Port Melbourne Enterprise Agreement 2012. The agreement pertained to the employment conditions of workers at Kraft's Port Melbourne facility. The application was made by the employer, Kraft Foods Limited, and the Australian Manufacturing Workers' Union was the respondent. The union contested certain aspects of the agreement, leading to the need for adjudication by the Fair Work Commission.

The central legal issues before the Commission involved the validity and fairness of specific provisions in the enterprise agreement. The union argued that some clauses did not comply with statutory requirements for enterprise agreements under the Fair Work Act 2009. Additionally, the union contended that the agreement did not adequately protect the rights and interests of the employees. The Commission had to determine whether the agreement met the necessary standards for approval and if it was fair and reasonable.

The Fair Work Commission found that the majority of the agreement was compliant with the statutory requirements. The Commission determined that the provisions contested by the union were fair and reasonable, taking into account the overall context of the agreement and the bargaining process. The Commission emphasised the importance of flexibility and mutual cooperation in the workplace, which the agreement appeared to foster. Consequently, the Commission approved the Kraft Port Melbourne Enterprise Agreement 2012, subject to the conditions outlined in the decision.

The Commission's final orders included the approval of the Kraft Port Melbourne Enterprise Agreement 2012, with specific conditions aimed at ensuring the agreement's continued fairness and compliance with the law. The union's objections were largely dismissed, and the agreement was deemed to be in the best interests of the employees and the employer.

Kraft Foods Limited

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established