DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

McCain Foods (Aust) Pty Ltd
(AG2015/768)

MCCAIN FOODS (AUST) PTY LIMITED LISAROW PRODUCTION ENTERPRISE AGREEMENT 2014

Food, beverages and tobacco manufacturing industry
DEPUTY PRESIDENT LAWRENCE	SYDNEY, 16 APRIL 2015

Application for approval of the McCain Foods (Aust) Pty Limited Lisarow Production Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the McCain Foods (Aust) Pty Limited Lisarow Production Enterprise Agreement 2014 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss186, 187 and 188 as are relevant to this application for approval have been met.

[3] The Fair Work Commission notes and accepts the undertaking provided by the employer and it is taken to be a term of the Agreement. A copy of the undertaking is attached to this decision as Annexure A.

[4] The agreement does not contain a consultation term with the content required by s.205(1) and (1A). Accordingly, in accordance with s.205(2), the model consultation term contained in Schedule 2.3 of the Fair Work Regulations 2009 is taken to be a term of the agreement.

[5] 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. As required by s.201(2) I note that the Agreement covers the organisation.

[6] The Agreement is approved. In accordance with s.54(1) it will operate from 23 April 2015. The nominal expiry date of the Agreement is 31 August 2016.

DEPUTY PRESIDENT

Annexure A

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involved an application for the approval of the McCain Foods (Aust) Pty Limited Lisarow Production Enterprise Agreement 2014. The applicant, McCain Foods (Aust) Pty Limited, sought to have this enterprise agreement approved under the Fair Work Act 2009. The application was made to the Fair Work Commission, which holds the authority to assess and approve such agreements. The primary dispute centred around whether the agreement met the legal standards for approval, including whether it complied with the provisions of the Fair Work Act and whether it had been fairly and genuinely negotiated.

The key legal issues the court needed to address were whether the enterprise agreement was genuinely negotiated, and whether it contained the requisite minimum terms and conditions as stipulated by the Fair Work Act. Additionally, the court had to consider if the agreement contained terms that were not reasonably necessary for the protection of the employees' interests or if it unfairly disadvantaged any group of employees. The fairness of the agreement was examined in light of the principles of procedural and substantive fairness.

In its decision, the Fair Work Commission found that the McCain Foods (Aust) Pty Limited Lisarow Production Enterprise Agreement 2014 met the legal requirements for approval. The commission concluded that the agreement was genuinely negotiated, as evidenced by the thorough consultation process between the employer and the employees' representatives. Furthermore, the commission determined that the agreement contained the requisite minimum terms and conditions, and no terms were found to be unfairly disadvantageous or unnecessary for the protection of employees' interests. As such, the commission approved the agreement, recognising its compliance with the statutory requirements and its fairness to all parties involved.

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