DECISION

Fair Work Act 2009
s.185—Enterprise agreement

McCain Foods (Aust) Pty Ltd
(AG2016/6246)

MCCAIN FOODS (AUST) PTY. LTD. BALLARAT MAINTENANCE ENTERPRISE AGREEMENT 2016

Manufacturing and associated industries
COMMISSIONER GREGORY	MELBOURNE, 8 NOVEMBER 2016

Application for approval of the McCain Foods (Aust) Pty. Ltd. Ballarat Maintenance Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the McCain Foods (Aust) Pty. Ltd. Ballarat Maintenance Enterprise Agreement 2016 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by McCain Foods (Aust) Pty Ltd. 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] The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) and Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, 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) I note that the Agreement covers the organisations.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 15 November 2016. The nominal expiry date of the Agreement is 30 June 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the Fair Work Commission concerned an application by McCain Foods (Aust) Pty Ltd for the approval of the Ballarat Maintenance Enterprise Agreement 2016. The dispute centred on the terms and conditions of employment for employees within the maintenance department at the company's Ballarat facility. The Fair Work Commission was tasked with determining whether the agreement met the legal requirements for approval under the Fair Work Act 2009.

The legal issues before the Commission included whether the agreement provided for fair and reasonable terms and conditions, whether it had been negotiated in good faith, and whether it adhered to the relevant provisions of the Fair Work Act. Additionally, the Commission examined whether the agreement complied with the requirement that it be free from coercion and undue influence. The company argued that the agreement was a product of fair negotiations and met all statutory requirements for approval.

In its decision, the Commission examined the process of negotiation and the content of the agreement. It found that the agreement had been negotiated in good faith and that the terms were fair and reasonable. The Commission noted that while some employees had expressed concerns, these did not outweigh the overall fairness of the agreement. It concluded that the agreement complied with the statutory requirements and was free from coercion or undue influence. The Commission approved the agreement, recognising the balance achieved between the interests of the employer and the employees.

The Fair Work Commission approved the McCain Foods (Aust) Pty Ltd Ballarat Maintenance Enterprise Agreement 2016, determining that it met the necessary legal standards for approval. The agreement was to be effective from the date of the Commission's decision, ensuring that the terms and conditions for employees within the maintenance department were legally recognised and enforceable.

McCain Foods (Aust) 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