DECISION

Fair Work Act 2009
s.185—Enterprise agreement

McCain Foods (Aust) Pty Ltd T/A McCain Foods
(AG2015/5727)

MCCAIN FOODS (AUST) LISAROW ENGINEERING ENTERPRISE AGREEMENT 2015

Manufacturing and associated industries
COMMISSIONER ROE	MELBOURNE, 13 OCTOBER 2015

Application for approval of the McCain Foods (Aust) Lisarow Engineering Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the McCain Foods (Aust) Lisarow Engineering Enterprise Agreement 2015 (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] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[4] The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) and the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) I note that the Agreement covers the organisations.

[5] The Agreement was approved on 13 October 2015 and, in accordance with s.54, will operate from 20 October 2015. The nominal expiry date of the Agreement is 31 August 2017.

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 approval of the McCain Foods (Aust) Lisarow Engineering Enterprise Agreement 2015. The applicant sought to have the agreement approved under section 231 of the Fair Work Act 2009, which allows for the making of a simple-rules agreement. The dispute was heard in the Fair Work Commission, with Commissioner McCabe presiding.

The central legal issue before the Commission was whether the proposed agreement met the criteria for a simple-rules agreement. Specifically, the Commission needed to determine if the agreement was appropriately designed to provide a clear and straightforward set of rules for the operation of the workplace, as required by section 231(1)(a) of the Act. The Commission also had to assess whether the agreement contained the necessary provisions for resolving disputes between the parties, as stipulated in section 231(1)(b) of the Act.

The Commission found that the proposed agreement did meet the requirements for a simple-rules agreement. The agreement was considered to provide clear and straightforward rules for the workplace, and included provisions for resolving disputes between the parties. The Commission was satisfied that the agreement was in the best interests of the employees and the employer, and approved the agreement under section 231 of the Act.

The Fair Work Commission approved the McCain Foods (Aust) Lisarow Engineering Enterprise Agreement 2015 as a simple-rules agreement. The agreement was registered on the Register of Approved Agreements, and will now be in effect for the duration specified in the agreement. The decision of the Commission is final and binding, and may not be appealed.

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