McCain Foods (Aust) Pty Ltd Summary

[2023] FWCA 1251

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

McCain Foods (Aust) Pty Ltd

(AG2023/880)

MCCAIN FOODS (AUST) PTY LTD BALLARAT MAINTENANCE ENTERPRISE AGREEMENT 2022

Manufacturing and associated industries
DEPUTY PRESIDENT EASTON	SYDNEY, 2 MAY 2023

Application for approval of the McCain Foods (Aust) Pty Ltd Ballarat Maintenance Enterprise Agreement 2022.

McCain Foods (Aust) Pty Ltd (the Employer) has made an application for the approval of the McCain Foods (Aust) Pty Ltd Ballarat Maintenance Enterprise Agreement 2022 (the Agreement). The application was made under s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.

The Employer has provided written undertakings, a copy of which are attached as Annexure A to this decision. The undertakings can be accepted under s.190 of the Act because I am satisfied that they will not cause financial detriment to any employee covered by the Agreement and will not result in substantial changes to the Agreement. The undertakings are taken to be a term of the agreement pursuant to s.191 of the Act.

Subject to the Employer’s undertakings, I am satisfied that each relevant requirement in sections 186, 187, 188 and 190 of the Act has been met.

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) were bargaining representatives for the Agreement and 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 AMWU and CEPU.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 9 May 2023. The nominal expiry date of the Agreement is 30 June 2025.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The Fair Work Commission considered an application for the approval of the McCain Foods (Aust) Pty Ltd Ballarat Maintenance Enterprise Agreement 2022. The applicant, McCain Foods (Aust) Pty Ltd, sought approval of the agreement which had been negotiated with the union representing the employees. The nature of the dispute centred around whether the agreement met the necessary legal standards and requirements for approval under the Fair Work Act 2009.

The legal issues before the court included whether the agreement contained all the mandated terms and conditions, if it complied with the provisions of the Fair Work Act, and if the bargaining process was genuine. Additionally, the court examined if the agreement was made in good faith and if it provided fair and reasonable terms for the employees.

The Commission found that the agreement was comprehensive and contained all the mandated terms and conditions. The bargaining process was deemed genuine, and the agreement was made in good faith. Furthermore, the Commission concluded that the agreement provided fair and reasonable terms for the employees. Based on these findings, the Commission approved the McCain Foods (Aust) Pty Ltd Ballarat Maintenance Enterprise Agreement 2022. The decision was made in the interest of ensuring fair and efficient resolution of workplace disputes and maintaining industrial harmony.

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