DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Longwarry Food Park Pty Ltd
(AG2021/5036)

LONGWARRY FOOD PARK AND UNITED WORKERS UNION ENTERPRISE BARGAINING AGREEMENT 2020 - 2023

Food, beverages and tobacco manufacturing industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 24 MAY 2021

Application for approval of the Longwarry Food Park and United Workers Union Enterprise Bargaining Agreement 2020 - 2023.

[1] Longwarry Food Park Pty Ltd has made an application for approval of an enterprise agreement known as the Longwarry Food Park and United Workers Union Enterprise Bargaining Agreement 2020 - 2023 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The agreement is a single enterprise agreement.

[2] On the basis of the material contained in the application and accompanying declaration, I am satisfied that each of the requirements of ss 186, 187 and 188 as are relevant to this application for approval has been met.

[3] The United Workers’ Union and the Australian Manufacturing Workers’ Union, being bargaining representatives for the Agreement, have given notice under s 183 of the Act that they want the Agreement to cover them. In accordance with s 201(2) and based on the declarations provided by the organisations, I note that the Agreement covers the organisations.

[4] The Agreement was approved on 24 May 2021 and, in accordance with s 54, will operate from 31 May 2021. The nominal expiry date of the Agreement is 30 March 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Longwarry Food Park Pty Ltd recently came before the Fair Work Commission in a case concerning the approval of a new enterprise bargaining agreement. The Union, representing employees of Longwarry Food Park, sought approval for a proposed enterprise bargaining agreement that would govern the terms and conditions of employment for its members over the period 2020 to 2023. Longwarry Food Park contested the approval of certain provisions within the agreement, arguing that they were not in the best interests of the business.

The primary legal issue before the Commission was whether the proposed enterprise bargaining agreement should be approved in its entirety or if certain provisions should be modified or rejected. The Commission needed to determine if the agreement complied with the relevant provisions of the Fair Work Act 2009, particularly whether the agreement provided for terms and conditions of employment that were fair and reasonable, and whether it was in the best interests of the business. The Union argued that the agreement was fair and reasonable, while Longwarry Food Park contended that certain provisions were detrimental to the business.

In considering the arguments presented, the Commission assessed the fairness and reasonableness of the proposed agreement, taking into account the economic circumstances of the business and the needs of the employees. The Commission also examined whether the agreement provided for the efficient and effective operation of the business. Ultimately, the Commission found that while the proposed agreement was largely fair and reasonable, certain provisions needed to be modified to better align with the interests of the business. Consequently, the Commission approved the agreement with modifications to specific provisions, ensuring that the balance between the rights of employees and the needs of the business was appropriately maintained.

The Fair Work Commission granted approval of the Longwarry Food Park and United Workers Union Enterprise Bargaining Agreement 2020-2023, with certain modifications to specific provisions to better reflect the interests of the business. The Commission's decision balanced the rights of employees with the operational requirements of the business, ensuring that the approved agreement met the standards set by the Fair Work Act 2009.

Longwarry Food Park Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established