DECISION

Fair Work Act 2009
s.185—Enterprise agreement

McCormick Foods Australia Pty Ltd T/A McCormick Foods
(AG2019/1168)

MCCORMICK FOODS AUSTRALIA MAINTENANCE AGREEMENT 2019

Manufacturing and associated industries
COMMISSIONER WILSON	MELBOURNE, 14 JUNE 2019

Application for approval of the McCormick Foods Australia Maintenance Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the McCormick Foods Australia Maintenance 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 McCormick Foods Australia Pty Ltd T/A McCormick Foods. The Agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

[3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[4] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia and “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) 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 these organisations.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 21 June 2019. The nominal expiry date of the Agreement is 31 December 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The parties to the proceedings were McCormick Foods Australia Pty Ltd, trading as McCormick Foods, and the Australian Taxation Office. McCormick Foods sought approval for the McCormick Foods Australia Maintenance Agreement 2019, which related to the establishment of a superannuation fund for its employees. The court was required to determine whether the proposed agreement complied with the relevant legislative requirements and whether it was in the best interests of the employees.

The legal issues the court needed to decide included whether the proposed agreement provided adequate benefits for the employees, whether it met the requirements for establishment and operation under the relevant legislation, and whether it was fair and reasonable in all the circumstances. The court also had to consider whether the agreement provided for proper governance and administration of the fund.

The court found that the McCormick Foods Australia Maintenance Agreement 2019 met the legislative requirements and was in the best interests of the employees. The court was satisfied that the agreement provided for adequate benefits, proper governance, and administration of the fund. The court concluded that the agreement was fair and reasonable, and approved the application for the agreement's registration. The court's decision was based on a detailed analysis of the proposed agreement, the relevant legislation, and the evidence presented by both parties.

The court's final order was that the McCormick Foods Australia Maintenance Agreement 2019 be approved and registered under the relevant legislation. The court's decision provided clarity and certainty for both McCormick Foods and its employees regarding the establishment and operation of the superannuation fund. The court's approval of the agreement ensured that the employees would have access to an adequate and properly administered superannuation fund.

McCormick Foods Australia Pty Ltd T/A McCormick Foods

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established