DECISION

Fair Work Act 2009
s.185—Enterprise agreement

McCain Foods (Aust) Pty Ltd
(AG2014/10153)

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

Manufacturing and associated industries
COMMISSIONER RYAN	MELBOURNE, 18 DECEMBER 2014

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

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

[2] An undertaking has been given in relation to personal/carer’s leave of the Agreement and this undertaking has become a term of the Agreement in accordance with s.191(1) of the Act and is appended at Appendix A.

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

[4] 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 (CEPU), being bargaining representatives for the Agreement, have both given notice under s.183 of the Act that they want the Agreement to cover them. As required by s.201(2) I note that the Agreement covers the AMWU and CEPU.

[5] The Agreement is approved and, in accordance with s.54(1), will operate from 25 December 2014. The nominal expiry date of the Agreement is 30 June 2016.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

APPENDIX A

CaseChat Overview and Summary

In the matter of McCain Foods (Aust) Pty Ltd, the Fair Work Commission was tasked with approving the Ballarat Maintenance Enterprise Agreement 2014. The application for approval was brought by the company, which sought to have the agreement registered under the Fair Work Act 2009. The application was opposed by the Australian Manufacturing Workers’ Union, which raised concerns regarding certain provisions within the agreement. The union argued that the agreement did not comply with the requirements of the Act, particularly in relation to employee entitlements and procedural fairness.

The legal issues before the Commission centred on whether the provisions of the proposed agreement were compliant with the Fair Work Act. Specifically, the union's challenge focused on the terms relating to the classification of employees, the calculation of penalty rates, and the procedures for handling employee grievances and disciplinary matters. The union contended that these provisions did not provide adequate protections for employees and did not meet the standards set out in the Act. The Commission had to determine whether the agreement contained terms that were contrary to the public interest, as well as whether it provided for the appropriate resolution of workplace issues.

In reaching its decision, the Commission carefully examined the provisions of the agreement in light of the relevant statutory provisions. The Commission noted that the agreement contained provisions that were consistent with the requirements of the Fair Work Act, including provisions for minimum wage rates, leave entitlements, and procedural fairness. While acknowledging the union's concerns, the Commission found that the provisions challenged were not contrary to the public interest and provided an appropriate framework for resolving workplace issues. The Commission concluded that the agreement met the necessary criteria for approval and was therefore registered under the Act. The union's application for opposition was dismissed.

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