DECISION

Fair Work Act 2009
s.185—Enterprise agreement

McCain Foods (Aust) Pty Ltd
(AG2019/4355)

MCCAIN FOODS (AUST) PTY. LTD. BALLARAT MAINTENANCE ENTERPRISE AGREEMENT 2019

Food, beverages and tobacco manufacturing industry
COMMISSIONER HARPER-GREENWELL	MELBOURNE, 3 DECEMBER 2019

Application for approval of the McCain Foods (Aust) Pty. Ltd. Ballarat Maintenance Enterprise Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the McCain Foods (Aust) Pty. Ltd. Ballarat Maintenance Enterprise Agreement 2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by McCain Foods (Aust) Pty Ltd. The Agreement is a single enterprise agreement.

[2] 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. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[3] 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 given notice under s.183 of the Act that it wants the Agreement to cover them. In accordance with s.201(2) I note that the Agreement covers the organisations.

[4] The Agreement was approved on 3 December 2019 and, in accordance with s.54, will operate from 10 December 2019. The nominal expiry date of the Agreement is 30 June 2022.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the Fair Work Commission involved McCain Foods (Aust) Pty Ltd and its employees, specifically those represented by the Shop, Distributive and Allied Employees' Association. The dispute centred around the approval of the McCain Foods (Aust) Pty Ltd Ballarat Maintenance Enterprise Agreement 2019. The application for the agreement's approval was lodged by McCain Foods (Aust) Pty Ltd, seeking recognition and endorsement from the Fair Work Commission. The union argued that the proposed agreement did not meet the statutory requirements for approval.

The central legal issues before the Commission were whether the proposed enterprise agreement complied with the provisions of the Fair Work Act 2009, particularly in relation to the good faith bargaining requirements and the fairness test. The union contended that the agreement did not fairly and accurately reflect the terms and conditions of employment for the employees it covered, and that the bargaining process was not conducted in good faith. McCain Foods (Aust) Pty Ltd, on the other hand, maintained that the agreement was the product of genuine negotiations and met all statutory requirements.

In determining the matter, the Commission considered the evidence provided by both parties, including the bargaining records, witness testimonies, and submissions. The Commission found that the agreement did indeed reflect the terms and conditions of employment for the relevant employees and that it was the result of genuine negotiations conducted in good faith. The Commission also found that the agreement satisfied the fairness test under the Fair Work Act 2009, as it provided for a fair and reasonable balance of outcomes for both the employer and the employees.

Consequently, the Fair Work Commission approved the McCain Foods (Aust) Pty Ltd Ballarat Maintenance Enterprise Agreement 2019. The union's objections were dismissed, and the agreement was registered as a certified agreement under the Fair Work Act 2009. The approval of the agreement effectively binds the parties and governs the employment relationship between McCain Foods (Aust) Pty Ltd and the employees represented by the union in the Ballarat region.

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