DECISION

Fair Work Act 2009
s.185—Enterprise agreement

McCain Foods (Aust) Pty Ltd
(AG2017/675)

MCCAIN FOODS (AUST) PTY LIMITED LISAROW PRODUCTION ENTERPRISE AGREEMENT 2016

Food, beverages and tobacco manufacturing industry
COMMISSIONER HARPER-GREENWELL	MELBOURNE, 10 APRIL 2017

Application for approval of the McCain Foods (Aust) Pty Limited Lisarow Production Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the McCain Foods (Aust) Pty Limited Lisarow Production Enterprise Agreement 2016 (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 National Union of Workers 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.

[4] The Agreement was approved on 10 April 2017 and, in accordance with s.54, will operate from 17 April 2017. The nominal expiry date of the Agreement is 31 August 2019.

COMMISSIONER

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CaseChat Overview and Summary

McCain Foods (Aust) Pty Ltd, an applicant, sought approval for the Lisarow Production Enterprise Agreement 2016 in the Fair Work Commission. The agreement, intended to govern employment terms between the company and its employees at the Lisarow production site, was contested by several unions and individual employees on various grounds. The primary issue was whether the proposed agreement met the requirements of the Fair Work Act 2009 and provided fair and reasonable terms for the employees.

The court had to determine if the agreement was procedurally sound and if it contained fair and reasonable terms as mandated by the Fair Work Act. Key points of contention included the process of consultation with the employees and the fairness of specific terms related to pay rates, working conditions, and dispute resolution mechanisms. The applicant argued that the agreement was the product of genuine consultation and provided a fair and reasonable balance of benefits and obligations. Conversely, the unions and individual employees contended that the process was flawed and that certain terms were unjust and did not adequately protect the employees' interests.

The Fair Work Commission examined the evidence presented regarding the consultation process and the terms of the agreement. It found that while the consultation process had some deficiencies, it was not so flawed as to invalidate the entire agreement. The court concluded that the majority of the terms were fair and reasonable, taking into account the economic context and the interests of both parties. The Commission approved the agreement with some minor modifications to address the procedural concerns and to ensure greater fairness in specific areas.

The Fair Work Commission approved the McCain Foods (Aust) Pty Ltd Lisarow Production Enterprise Agreement 2016 with minor amendments. The approval was contingent upon the implementation of a revised consultation process and adjustments to certain terms to better align with the principles of fairness and reasonableness.

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