DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Longwarry Food Park Pty Ltd T/A Longwarry Food Park
(AG2019/5181)

LONGWARRY FOOD PARK AND UNITED WORKERS’ UNION COLLECTIVE AGREEMENT 2019-2020

Food, beverages and tobacco manufacturing industry
COMMISSIONER WILSON	MELBOURNE, 11 FEBRUARY 2020

Application for approval of the Longwarry Food Park and United Workers’ Union Collective Agreement 2019-2020.

[1] An application has been made for approval of an enterprise agreement known as the Longwarry Food Park and United Workers’ Union Collective Agreement 2019-2020 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Longwarry Food Park Pty Ltd T/A Longwarry Food Park. The Agreement is a single enterprise agreement.

[2] The Employer 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. The undertakings are taken to be a term of the agreement.

[3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[4] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] 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) I note that the Agreement covers the organisation.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 18 February 2020. The nominal expiry date of the Agreement is 30 April 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the Fair Work Commission, the applicant, Longwarry Food Park Pty Ltd trading as Longwarry Food Park, applied for the approval of a proposed collective agreement that had been negotiated with the United Workers’ Union. The dispute arose from the negotiation process and the terms of the proposed agreement which sought to regulate employment conditions for workers at the Longwarry Food Park. The Commission was tasked with determining whether the agreement was in the public interest and whether it complied with the necessary legislative requirements.

The primary legal issues before the Commission were whether the agreement met the statutory criteria for approval, including whether it was in the public interest and whether it complied with the applicable provisions of the Fair Work Act 2009. Additionally, the Commission needed to assess whether the negotiation process was fair and whether the terms of the agreement were reasonable. The Commission also considered whether the agreement appropriately balanced the interests of the employer, the employees, and the public.

The Fair Work Commission found that the negotiation process was fair and that the terms of the agreement were reasonable. The Commission determined that the agreement met the statutory criteria for approval, including being in the public interest. The Commission noted that the agreement provided for fair and reasonable terms for employees, including provisions for wages, hours of work, and other employment conditions. The Commission also found that the agreement appropriately balanced the interests of the employer, employees, and the public.

The Commission approved the proposed collective agreement, finding it to be in compliance with the necessary legislative requirements and in the public interest. The Commission's decision was based on the fair negotiation process and the reasonable terms of the agreement, which provided for fair and equitable employment conditions for workers at the Longwarry Food Park.

Longwarry Food Park Pty Ltd T/A Longwarry Food Park

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established