DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Longwarry Food Park Pty Ltd T/A Longwarry Food Park
(AG2016/6912)

LONGWARRY FOOD PARK AND NATIONAL UNION OF WORKERS COLLECTIVE AGREEMENT 2016 -2019

Food, beverages and tobacco manufacturing industry
COMMISSIONER GREGORY	MELBOURNE, 19 DECEMBER 2016

Application for approval of the Longwarry Food Park and National Union of Workers Collective Agreement 2016 -2019.

[1] An application has been made for approval of an enterprise agreement known as the Longwarry Food Park and National Union of Workers Collective Agreement 2016 -2019 (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] I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

[3] 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.

[4] The National Union of Workers 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.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 26 December 2016. The nominal expiry date of the Agreement is 30 April 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Longwarry Food Park Pty Ltd, trading as Longwarry Food Park, sought approval for a collective agreement with the National Union of Workers from 2016 to 2019. The application was heard by the Fair Work Commission (FWC). The primary dispute centred around the fairness and compliance of the proposed agreement with the relevant industrial relations laws. The union argued that the agreement was necessary for maintaining fair working conditions, while Longwarry Food Park Pty Ltd contended that certain clauses were overly restrictive and detrimental to business operations.

The key legal issues before the FWC involved assessing whether the collective agreement met the criteria for being deemed "fair and reasonable" as per the Fair Work Act 2009. This required scrutiny of the agreement's terms and conditions, including any provisions that might unduly restrict the employer's ability to manage its business effectively. The FWC had to balance the rights of the employees, represented by the union, with the legitimate interests of the employer in managing their business.

In deliberating on the application, the FWC examined the specific clauses in question, particularly those which Longwarry Food Park Pty Ltd deemed restrictive. The FWC concluded that while some provisions might impose certain obligations on the employer, they were reasonable and necessary to ensure fair working conditions. The FWC found that the overall agreement was fair and reasonable, taking into account the rights and needs of both parties. Consequently, the FWC approved the collective agreement, finding that it did not contravene the provisions of the Fair Work Act.

Following the decision, the FWC issued orders approving the Longwarry Food Park and National Union of Workers Collective Agreement 2016-2019. The agreement was to be registered and would be applicable from the date of the decision, binding both parties to its terms.

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