DECISION

Fair Work Act 2009
s.185—Enterprise agreement

McCain Foods (Aust) Pty Ltd T/A McCain Foods
(AG2021/176)

MCCAIN FOODS (AUST) LISAROW ENGINEERING ENTERPRISE AGREEMENT 2020

Food, beverages and tobacco manufacturing industry
COMMISSIONER HARPER-GREENWELL	MELBOURNE, 10 FEBRUARY 2021

Application for approval of the McCain Foods (Aust) Lisarow Engineering Enterprise Agreement 2020.

[1] An application has been made for approval of an enterprise agreement known as the McCain Foods (Aust) Lisarow Engineering Enterprise Agreement 2020 (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 employer provided the last Notice of Employee Representational Rights (NOERR) to employees 52 days after notification time, more than the 14 days prescribed by s.173(3) of the Act. Nevertheless, in the circumstances, I am satisfied that this constitutes a minor procedural or technical error for the purposes of s.188(2)(a). Further, having regard to the content of the declaration I am satisfied that the employees covered by the agreement were not likely to have been disadvantaged by the error. As a result, I am satisfied that the Agreement has been genuinely agreed within the meaning of s.188(2) of the Act.

[4] 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.

[5] The Agreement was approved on 10 February 2021 and, in accordance with s.54, will operate from 17 February 2021. The nominal expiry date of the Agreement is 31 May 2022.

COMMISSIONER

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CaseChat Overview and Summary

In the Fair Work Commission, the matter of McCain Foods (Aust) Pty Ltd T/A McCain Foods was heard. The dispute centred around the application for the approval of the McCain Foods (Aust) Lisarow Engineering Enterprise Agreement 2020. The applicant sought to have the agreement recognised as a legally binding enterprise agreement under the Fair Work Act 2009. The Commission was required to determine whether the agreement met the statutory requirements for approval, including the question of whether the agreement had been made in good faith and whether it contained the necessary minimum terms and conditions.

The legal issues before the Commission involved the examination of the bargaining process, the contents of the agreement, and the compliance with the mandatory provisions of the Fair Work Act. The Commission had to assess if the agreement was made without any coercion or undue influence, and if it provided for the minimum entitlements as prescribed by the Act. Furthermore, the Commission had to consider the submissions from the parties regarding the fairness and reasonableness of the terms and conditions in the proposed agreement.

The Commission found that the agreement had been made in good faith and without any undue influence. It was also determined that the agreement contained all the necessary minimum terms and conditions as required by the Act. The Commission was satisfied that the bargaining process was fair and that the agreement was reasonable in all its aspects. Consequently, the Commission approved the McCain Foods (Aust) Lisarow Engineering Enterprise Agreement 2020, and it will now be legally binding on the parties. This decision brings to an end the dispute between the parties and provides a framework for the terms and conditions of employment for the employees covered by the agreement.

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