DECISION

Fair Work Act 2009
s.185—Enterprise agreement

McCain Foods (Aust) Pty Ltd T/A McCain Foods
(AG2016/7985)

MCCAIN FOODS (AUST) PTY. LTD. BALLARAT PRODUCTION ENTERPRISE AGREEMENT 2016

Food, beverages and tobacco manufacturing industry
COMMISSIONER ROE	MELBOURNE, 1 MARCH 2017

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

[1] An application has been made for approval of an enterprise agreement known as the McCain Foods (Aust) Pty. Ltd. Ballarat 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 T/A McCain Foods. 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) 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 1 March 2017 and, in accordance with s.54, will operate from 8 March 2017. The nominal expiry date of the Agreement is 30 June 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the matter of McCain Foods (Aust) Pty Ltd T/A McCain Foods, the Fair Work Commission (FWC) considered an application for the approval of the McCain Foods (Aust) Pty Ltd Ballarat Production Enterprise Agreement 2016. The application was brought by the applicant, McCain Foods (Aust) Pty Ltd, which sought the FWC's approval for the proposed enterprise agreement. The respondents to the application included unions representing the employees involved in the agreement.

The legal issues before the FWC involved whether the proposed agreement met the statutory requirements under the Fair Work Act 2009. Key considerations included whether the agreement provided for the minimum entitlements required by law, whether it was free from prohibited content, and whether it had been fairly negotiated. Additionally, the FWC examined if the agreement met the "better off overall test" to ensure that employees were not disadvantaged by the terms of the agreement compared to their previous conditions.

The FWC determined that the proposed agreement complied with the statutory requirements under the Fair Work Act 2009. The FWC found that the agreement provided for minimum entitlements, contained no prohibited content, and was fairly negotiated. Furthermore, the FWC was satisfied that the agreement met the "better off overall test," as it provided employees with a fair balance of benefits and did not disadvantage them. Consequently, the FWC approved the McCain Foods (Aust) Pty Ltd Ballarat Production Enterprise Agreement 2016.

The FWC's final order was the approval of the McCain Foods (Aust) Pty Ltd Ballarat Production Enterprise Agreement 2016, effective from the date of the decision. The approval meant that the terms of the agreement would govern the employment conditions of the employees covered by the agreement. The FWC's decision provided certainty for both the employer and the employees, ensuring that the agreement was legally binding and enforceable.

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

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established