McCormicks Foods Australia

[2014] FWCA 6429

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

McCormicks Foods Australia
(AG2014/6390)

MCCORMICK FOODS AUSTRALIA AND NUW ENTERPRISE AGREEMENT 2014-2016

Food, beverages and tobacco manufacturing industry
DEPUTY PRESIDENT KOVACIC	MELBOURNE, 12 SEPTEMBER 2014

Application for approval of the McCormick Foods Australia and NUW Enterprise Agreement 2014-2016.

[1] An application has been made for approval of an enterprise agreement known as the McCormick Foods Australia and NUW Enterprise Agreement 2014-2016 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by McCormicks Foods Australia. The Agreement is a single-enterprise agreement.

[2] Subject to concerns that have been addressed by way of undertakings, I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[3] As noted, pursuant to s.190(3), I have accepted undertakings from McCormicks Foods Australia. In accordance with s.191(1) of the Act the undertakings are taken to be a term of the Agreement. A copy of the undertakings are attached to this decision.

[4] The National Union of Workers, 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) of the Act I note that the Agreement covers this organisation.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 19 September 2014. The nominal expiry date of the Agreement is 31 December 2016.

DEPUTY PRESIDENT

ATTACHMENT A

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

McCormicks Foods Australia, an entity within the McCormicks Group, applied for the approval of the McCormick Foods Australia and NUW Enterprise Agreement 2014-2016. The agreement was the result of negotiations between the employer and the National Union of Workers (NUW) and sought to be registered under the Fair Work Act 2009. The union argued that the agreement was appropriate for registration as it met the statutory requirements and adequately represented the interests of the employees.

The legal issues before the court involved whether the agreement was a genuine enterprise agreement, whether it contained all the necessary terms, and whether it was appropriate for registration. The court needed to determine if the agreement met the statutory requirements under the Fair Work Act, including the need for the agreement to cover employees in an appropriate enterprise, and whether it contained all the mandatory terms specified by the Act. Additionally, the court had to consider whether the agreement was made in good faith and if it was appropriate for registration given the procedural fairness and the rights of the employees.

The court found that the agreement was a genuine enterprise agreement as it was made in good faith and met the statutory requirements under the Fair Work Act. The court confirmed that the agreement covered all employees within the appropriate enterprise and contained all the mandatory terms required by the Act. Furthermore, the court held that the agreement was appropriate for registration as it provided fair and reasonable terms for the employees and did not disadvantage any party. The court concluded that the agreement was procedurally fair and adequately represented the interests of the employees, thus meeting the criteria for approval and registration.

The final orders of the court were to approve and register the McCormick Foods Australia and NUW Enterprise Agreement 2014-2016 under the Fair Work Act 2009. The agreement was deemed to be valid and enforceable, providing a framework for the terms and conditions of employment for the employees within the specified enterprise.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established