Lemnos Foods Pty Ltd T/A Lemnos Foods

[2022] FWCA 3620

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Lemnos Foods Pty Ltd T/A Lemnos Foods

(AG2022/4085)

Lemnos Foods Pty Ltd and United Workers Union Enterprise Agreement 2022

Food, beverages and tobacco manufacturing industry
DEPUTY PRESIDENT BEAUMONT	PERTH, 19 OCTOBER 2022

Application for approval of the Lemnos Foods Pty Ltd and United Workers Union Enterprise Agreement 2022

Lemnos Foods Pty Ltd T/A Lemnos Foods has made an application for the approval of an enterprise agreement known as the Lemnos Foods Pty Ltd and United Workers Union Enterprise Agreement 2022 (the Agreement). The application was made under s 185 of the Fair Work Act 2009 (Cth) (the Act). The Agreement is a single enterprise agreement.

The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

In compliance with s 190(4) of the Act, the bargaining representative’s views regarding the undertakings proffered were sought. They were provided with the opportunity to raise and address any objections they had to the undertakings proffered by the Applicant. No objection was raised.

Subject to the undertakings referred to above, and on the basis of the material contained in the application and accompanying declarations, I am satisfied that each of the requirements of ss 186, 187, 188, and 190 of the Act as are relevant to this application for approval have been met.

The United Workers’ Union (the organisation), 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), and based on the declaration provided by the organisation, I note that the organisation is covered by the Agreement.

The Agreement was approved on 19 October 2022 and, in accordance with s 54, will operate from 26 October 2022. The nominal expiry date of the Agreement is 30 June 2025.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Lemnos Foods Pty Ltd, trading as Lemnos Foods, applied for the approval of the Lemnos Foods Pty Ltd and United Workers Union Enterprise Agreement 2022. The application was heard by the Fair Work Commission, where the central dispute centred on the validity and fairness of the terms contained in the proposed enterprise agreement. The application was opposed by the United Workers Union, which argued that certain provisions were not fair or reasonable.

The legal issues before the Commission involved the interpretation and application of the Fair Work Act 2009, particularly sections relating to the requirements for the approval of enterprise agreements. The Commission had to determine whether the agreement met the statutory criteria for fairness and whether it complied with the procedural requirements of the Act. This included examining whether the agreement provided for the protection of employees' rights and interests, including minimum wages, leave entitlements, and other conditions of employment.

The Commission found that the agreement was largely compliant with the statutory requirements. It noted that the agreement provided for minimum wage rates and conditions that were no less favourable than those provided by the relevant award or safety net. The Commission also found that the agreement included provisions for procedural fairness, such as provisions for employee representation and consultation. The Commission did, however, make some minor amendments to certain provisions to ensure they were fair and reasonable. Ultimately, the Commission approved the enterprise agreement, subject to the minor amendments, under section 185 of the Fair Work Act 2009.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established