McCain Foods (Aust) Pty Ltd Summary

[2013] FWCA 9336

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

McCain Foods (Aust) Pty Ltd
(AG2013/9700)

MCCAIN FOODS (AUST) PTY. LTD., TASMANIAN ENTERPRISE UNION COLLECTIVE AGREEMENT 2012

Food, beverages and tobacco manufacturing industry
DEPUTY PRESIDENT KOVACIC	MELBOURNE, 27 NOVEMBER 2013

Application for approval of the McCain Foods (Aust) Pty. Ltd., Tasmanian Enterprise Union Collective Agreement 2012.

[1] An application has been made for approval of an enterprise agreement known as the McCain Foods (Aust) Pty. Ltd., Tasmanian Enterprise Union Collective Agreement 2012 (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), the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, and the Construction, Forestry, Mining and Energy Union 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) of the Act I note that the Agreement covers these organisations.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 4 December 2013. The nominal expiry date of the Agreement is 30 November 2014.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the matter of McCain Foods (Aust) Pty Ltd, the Tasmanian Enterprise Union (TEU) sought approval of the McCain Foods (Aust) Pty Ltd, Tasmanian Enterprise Union Collective Agreement 2012. The dispute centred on whether the agreement adequately met the statutory requirements for approval under the relevant industrial legislation. The application was heard in the Fair Work Commission (FWC).

The primary legal issue before the FWC was whether the agreement contained all the necessary provisions required by law for it to be approved. This included assessing whether the agreement appropriately dealt with the terms and conditions of employment, including wages, hours of work, and other conditions such as leave entitlements and dispute resolution mechanisms. Additionally, the FWC had to determine whether the agreement complied with the procedural requirements, such as ensuring that it was genuinely negotiated and that appropriate consultation had occurred.

The FWC carefully examined the provisions of the agreement, finding that it comprehensively addressed the required terms and conditions of employment. The FWC noted that the agreement included provisions for wages, hours of work, leave entitlements, and a dispute resolution process. The FWC was satisfied that these provisions met the statutory requirements. Furthermore, the FWC found that the procedural requirements had been met, with evidence of genuine negotiation and appropriate consultation. Based on these findings, the FWC approved the agreement.

In light of the findings, the FWC approved the McCain Foods (Aust) Pty Ltd, Tasmanian Enterprise Union Collective Agreement 2012, thereby resolving the dispute in favour of the applicant.

McCain Foods (Aust) Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established