McCain Foods (Aust) Pty Ltd

[2021] FWCA 7080

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

McCain Foods (Aust) Pty Ltd
(AG2021/8499)

MCCAIN FOOD (AUST) PTY LIMITED TASMANIA ENTERPRISE UNION COLLECTIVE AGREEMENT 2021

Food, beverages and tobacco manufacturing industry
COMMISSIONER O'NEILL	MELBOURNE, 13 DECEMBER 2021

Application for approval of the McCain Food (Aust) Pty Limited Tasmania Enterprise Union Collective Agreement 2021

[1] McCain Foods (Aust) Pty Ltd has applied for approval of an enterprise agreement known as the McCain Food (Aust) Pty Limited Tasmania Enterprise Union Collective Agreement 2021 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) and is a single enterprise agreement.

[2] The Notice of Employee Representational Rights (NERR) was initially distributed to employees a considerable time before the notification time for the Agreement on 2 November 2021. However, I am satisfied that the Agreement would have been genuinely agreed to but for the minor procedural departure from the requirements of ss.173(3) and (4) of the Act, and that the employees covered by the Agreement were not likely to have been disadvantaged by this error. Accordingly. I exercise my discretion conferred by s.188(2) of the Act.

[3] I am satisfied that each of the requirements of ss.186, 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) 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) I note that the Agreement covers the organisation.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 20 December 2021. The nominal expiry date of the Agreement is 29 February 2024.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, the applicant, McCain Foods (Aust) Pty Ltd, sought approval of an enterprise agreement for its employees represented by the Tasmania Enterprise Union. The dispute centred on the terms and conditions of employment, specifically those related to pay rates, hours of work, and the classification of roles within the company. The Fair Work Commission was tasked with determining whether the agreement met the legal standards for approval under the Fair Work Act 2009.

The central legal issues before the Commission were whether the agreement provided for fair and reasonable terms and conditions of employment, and whether it complied with the procedural requirements set out in the Act. In particular, the Commission needed to consider whether the agreement had been made in good faith and whether it provided for the proper classification of employees. Additionally, the Commission had to assess whether the agreement contained any terms that were contrary to public policy or that would undermine the rights of employees.

The Fair Work Commission found that the agreement met the legal standards for approval. The Commission noted that the agreement had been negotiated in good faith and provided for fair and reasonable terms and conditions of employment. The Commission also found that the agreement contained provisions for the proper classification of employees and did not contain any terms that were contrary to public policy or that would undermine the rights of employees. The Commission was satisfied that the agreement complied with the procedural requirements set out in the Act.

Accordingly, the Fair Work Commission approved the McCain Foods (Aust) Pty Limited Tasmania Enterprise Union Collective Agreement 2021. The agreement will now form the basis of the terms and conditions of employment for the employees covered by the agreement. The Commission's decision is final and binding, and cannot be appealed except on limited grounds.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established