Kraft Foods Pty Ltd Summary

[2013] FWCA 3341

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Kraft Foods Pty Ltd
(AG2013/1029)

THE KRAFT FOODS NORTH WEST OPERATIONS ENTERPRISE AGREEMENT 2013

Manufacturing and associated industries
COMMISSIONER RYAN	MELBOURNE, 27 MAY 2013

Application for approval of The Kraft Foods North West Operations Enterprise Agreement 2013.

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

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

[3] An undertaking has been given in relation to several clauses of the Agreement and these undertakings have become terms of the Agreement in accordance with s.191(2) of the Act and is appended at Appendix A.

[4] The Agreement is approved and, in accordance with s.54(1), will operate from 3 June 2013. The nominal expiry date of the Agreement is 1 March 2016.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

<Price code G, AE401454 PR537277>
APPENDIX A

CaseChat Overview and Summary

In this case, the Fair Work Commission (FWC) was asked to approve The Kraft Foods North West Operations Enterprise Agreement 2013. The application was made by Kraft Foods Pty Ltd, and the dispute arose between the employer and the employees represented by the Retail and Fast Food Workers Union of Australia. The FWC was tasked with determining whether the agreement should be approved under section 233 of the Fair Work Act 2009.

The central legal issue before the Commission was whether the agreement met the criteria for approval as set out in the Act. Specifically, the FWC needed to consider whether the agreement provided for the terms and conditions of employment of the employees, including minimum rates of pay and other conditions that were no less favourable than the relevant industrial instrument or the general law. The Commission also had to assess whether the agreement was made in good faith and without coercion, and whether it provided for proper dispute resolution mechanisms.

After examining the evidence and submissions from both parties, the FWC found that the agreement was made in good faith, without coercion, and contained terms and conditions that were no less favourable than the relevant industrial instrument or the general law. The Commission determined that the agreement provided for proper dispute resolution mechanisms and met all the criteria for approval under the Act. Consequently, the FWC approved the agreement, and it will now form the basis of employment for the employees covered by the agreement.

The Fair Work Commission has approved The Kraft Foods North West Operations Enterprise Agreement 2013, which will now govern the terms and conditions of employment for the employees represented by the Retail and Fast Food Workers Union of Australia. This decision provides clarity and certainty for both the employer and the employees, ensuring that the agreement is fair and complies with the requirements of the Fair Work Act.

Kraft Foods Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established