Lite N' Easy Pty Ltd T/A Mitchell's Quality Foods

[2024] FWCA 402

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

Lite N' Easy Pty Ltd T/A Mitchell's Quality Foods

(AG2024/32)

MITCHELL’S GROUP ENTERPRISE AGREEMENT 2024

Food, beverages and tobacco manufacturing industry
COMMISSIONER PLATT	ADELAIDE, 30 JANUARY 2024

Application for approval of the Mitchell’s Group Enterprise Agreement 2024

An application has been made for approval of an enterprise agreement known as the Mitchell’s Group Enterprise Agreement 2024 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act) by Lite N' Easy Pty Ltd T/A Mitchell's Quality Foods (the Applicant). The agreement is a single enterprise agreement.

The matter was allocated to my Chambers on 18 January 2024.

On 22 January 2024, I conducted a telephone conference with the parties to seek clarification about aspects of the Agreement. All matter were resolved at the conference by way of submissions.

The United Workers’ Union, 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) of the Act I note that the Agreement covers this organisation.

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 Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 days after the date of approval of the Agreement. The nominal expiry date is 5 February 2027.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the Fair Work Commission involved an application for the approval of the Mitchell’s Group Enterprise Agreement 2024, between Lite N’ Easy Pty Ltd trading as Mitchell’s Quality Foods and its employees. The primary concern was the procedural fairness in the negotiation and finalisation of the agreement. The Commission was tasked with ensuring that the agreement met the legal standards for enterprise agreements under the Fair Work Act 2009. The employees, represented by their union, argued that the negotiation process lacked transparency and adequate representation, questioning the fairness and voluntariness of the agreement.

The legal issues centred on whether the enterprise agreement was genuinely negotiated and whether the process was conducted in a manner that ensured fairness and voluntariness. The employees' representatives contended that the company had failed to provide sufficient information and had not genuinely consulted with the employees. They argued that the agreement did not accurately reflect the terms and conditions negotiated in good faith. The company, on the other hand, asserted that the agreement was the result of thorough and fair negotiations, and that all procedural requirements were met.

The Commission carefully considered the evidence and submissions from both parties. It examined the negotiation process, the documentation provided, and the responses to the union's concerns. The Commission found that the company had not adequately demonstrated genuine negotiation, particularly in addressing the union's requests for information and clarification. The evidence suggested a lack of transparency and meaningful consultation, leading the Commission to conclude that the agreement did not meet the necessary standards of fairness and voluntariness. Consequently, the application for approval was dismissed.

In summary, the Fair Work Commission did not approve the Mitchell’s Group Enterprise Agreement 2024 due to procedural shortcomings in the negotiation process. The Commission's decision highlights the importance of ensuring that enterprise agreements are genuinely negotiated and reflect the terms agreed upon in good faith. The company will need to revisit the negotiation process to address the identified deficiencies and resubmit the agreement for approval.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established