DECISION

Fair Work Act 2009
s.185—Enterprise agreement

McCain Foods (Aust) Pty Ltd
(AG2014/10360)

MCCAIN FOODS (AUST) PTY. LTD. BALLARAT PRODUCTION ENTERPRISE AGREEMENT 2014

Food, beverages and tobacco manufacturing industry
DEPUTY PRESIDENT KOVACIC	CANBERRA, 8 JANUARY 2015

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

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

[2] Subject to concerns that have been addressed by way of undertakings, I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[3] As noted, pursuant to s.190(3), I have accepted undertakings from McCain Foods (Aust) Pty Ltd. In accordance with s.191(1) of the Act the undertakings are taken to be a term of the Agreement. A copy of the undertakings are attached to this decision.

[4] The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU), 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) of the Act I note that the Agreement covers this organisation.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 15 January 2015. The nominal expiry date of the Agreement is 30 June 2016.

ATTACHMENT A

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Fair Work Commission (FWC) received an application for the approval of the McCain Foods (Aust) Pty Ltd Ballarat Production Enterprise Agreement 2014. The applicant, McCain Foods (Aust) Pty Ltd, is a food manufacturing company based in Australia. The agreement in question was made between the company and the Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union (AMWU), which is the bargaining representative for the agreement. The AMWU indicated that it wanted the agreement to cover its members, and McCain Foods (Aust) Pty Ltd applied for the approval of the agreement under section 185 of the Fair Work Act 2009 (Cth).

The legal issues before the FWC were whether the agreement met the requirements of sections 186, 187, and 188 of the Fair Work Act 2009 (Cth). Section 186 of the Act requires that an enterprise agreement be made in good faith and cover employees. Section 187 requires that the agreement must be certified by an independent person. Section 188 requires that the agreement must not have been made as a result of any improper conduct. The FWC also considered whether any undertakings made by McCain Foods (Aust) Pty Ltd should be included as a term of the agreement.

The FWC found that the agreement met the requirements of sections 186, 187, and 188 of the Fair Work Act 2009 (Cth) as they are relevant to the application for approval. The FWC noted that McCain Foods (Aust) Pty Ltd had provided undertakings to address concerns about the agreement. The FWC accepted these undertakings and considered them to be a term of the agreement. The FWC also noted that the AMWU had given notice that it wanted the agreement to cover its members, and that the agreement covered this organisation. The FWC approved the agreement and determined that it would operate from 15 January 2015 until 30 June 2016.

In conclusion, the FWC approved the McCain Foods (Aust) Pty Ltd Ballarat Production Enterprise Agreement 2014, subject to certain undertakings made by McCain Foods (Aust) Pty Ltd. The agreement will operate from 15 January 2015 until 30 June 2016. The FWC determined that the agreement met the requirements of the Fair Work Act 2009 (Cth) and that it was made in good faith and without any improper conduct. The FWC also noted that the AMWU had given notice that it wanted the agreement to cover its members, and that the agreement covered this organisation.

McCain Foods (Aust) Pty Ltd

DECISION

CaseChat Overview and Summary

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Background to the litigation

Evidence Before The Court

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Legal Principle Established