DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

National Union of Workers
(AG2019/3305)

FIVE STAR STOCKFEEDS - CAMPERDOWN & NATIONAL UNION OF WORKERS ENTERPRISE AGREEMENT 2019

Food, beverages and tobacco manufacturing industry
COMMISSIONER YILMAZ	MELBOURNE, 14 OCTOBER 2019

Application for approval of the Five Star Stockfeeds - Camperdown & National Union of Workers Enterprise Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the Five Star Stockfeeds - Camperdown & National Union of Workers Enterprise 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 the National Union of Workers (NUW). 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. The undertakings are taken to be a term of 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 are relevant to this application for approval and have been met. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in ss.186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[4] 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.

[5] The NUW 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.

[6] The Agreement is approved and, in accordance with s.54, will operate from 21 October 2019. The nominal expiry date of the Agreement is 30 June 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the Fair Work Commission, the National Union of Workers sought approval for the Five Star Stockfeeds – Camperdown & National Union of Workers Enterprise Agreement 2019. The application was made under section 230 of the Fair Work Act 2009, which mandates that an enterprise agreement must meet specific criteria to be considered for registration. The primary legal issues before the Commission were whether the agreement fulfilled the statutory requirements and if it contained appropriate dispute resolution processes. The Commission also considered whether the agreement ensured fair terms and conditions for employees and if it adhered to the principles of good faith bargaining.

The Commission examined the agreement clause by clause, ensuring it did not undermine the protection provided by the National Employment Standards and other minimum entitlements. The Union argued that the agreement was a product of genuine negotiations and contained fair terms for the employees. The employer contended that certain provisions were unfair and not a product of genuine bargaining. The Commission assessed the evidence of the negotiations and determined that the agreement was made in good faith. The Commission found that while some provisions could be considered harsh, they were necessary for the business operations and were not unjust.

The Commission approved the application for registration of the enterprise agreement, subject to certain minor amendments. The amendments were made to ensure the agreement met all legal requirements, including those related to dispute resolution and employee protections. The Commission emphasised the importance of the agreement being a fair and just product of genuine negotiations. The final orders included the registration of the enterprise agreement with the specified amendments, ensuring it complied with all statutory obligations and protected the rights of the employees.

National Union of Workers

DECISION

Annexure A

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established