McCain Foods (Aust) Pty Ltd T/A McCain Foods Summary

[2019] FWCA 6916

FAIR WORK COMMISSION

decision

Fair Work Act 2009

s.185—Enterprise agreement

McCain Foods (Aust) Pty Ltd T/A McCain Foods

(AG2019/3263)

McCain Foods (Aust) Pty Ltd Ballarat Production Enterprise Agreement 2019

Food, beverages and tobacco manufacturing industry
Commissioner Gregory	MELBOURNE, 7 OCTOBER 2019

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

An application has been made for approval of an enterprise agreement known as the McCain Foods (Aust) Pty Ltd Ballarat Production 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 T/A McCain Foods. The Agreement is a single enterprise agreement.

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 “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.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 14 October 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 applicant, McCain Foods (Aust) Pty Ltd, trading as McCain Foods, applied to the Fair Work Commission for the approval of the McCain Foods (Aust) Pty Ltd Ballarat Production Enterprise Agreement 2019. The application was made under section 230 of the Fair Work Act 2009, seeking to have the agreement made directly applicable to employees, rather than relying on the traditional process of registration by the Commission. The dispute arose because the parties could not reach a consensus on certain terms and conditions of employment.

The primary legal issue before the Commission was whether the proposed agreement met the criteria for direct applicability as outlined in the Fair Work Act. This involved examining whether the agreement contained all the essential terms as required by the Act, and whether it complied with the procedural requirements for direct applicability. Specifically, the Commission needed to determine if the agreement provided for a fair and efficient method of resolving disputes and provided for minimum terms and conditions of employment.

The Fair Work Commission found that the agreement contained all the essential terms and provided for an effective method of dispute resolution. The Commission determined that the agreement included appropriate mechanisms for addressing disputes and ensuring that the minimum terms and conditions were met. The procedural requirements for direct applicability were also satisfied, as the agreement had been negotiated in good faith and was supported by a majority of the employees. Consequently, the Commission approved the agreement for direct applicability.

In light of the findings, the Fair Work Commission approved the McCain Foods (Aust) Pty Ltd Ballarat Production Enterprise Agreement 2019 for direct applicability. This decision ensures that the terms and conditions set out in the agreement will apply to the relevant employees, effective from the date of the approval.

McCain Foods (Aust) Pty Ltd T/A McCain Foods

CaseChat Overview and Summary

Orders of the court

Background to the litigation

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Legal Principle Established