DECISION

Fair Work Act 2009
s.185—Enterprise agreement

National Union of Workers
(AG2017/6461)

FIVE STAR STOCKFEEDS - CAMPERDOWN & NATIONAL UNION OF WORKERS ENTERPRISE AGREEMENT 2017

Food, beverages and tobacco manufacturing industry
COMMISSIONER MCKINNON	MELBOURNE, 8 FEBRUARY 2018

Application for approval of the Five Star Stockfeeds - Camperdown & National Union of Workers Enterprise Agreement 2017.

[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 2017 (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. The Agreement is a single enterprise agreement.

[2] The Applicant 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.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 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) I note that the Agreement covers the organisation.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 15 February 2018. The nominal expiry date of the Agreement is 30 June 2019.

COMMISSIONER

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Annexure A

CaseChat Overview and Summary

In the matter of the Fair Work Act 2009, the Fair Work Commission was asked to approve the Five Star Stockfeeds - Camperdown & National Union of Workers Enterprise Agreement 2017. This was an application by the National Union of Workers, representing the employees, to formalise the terms of employment for the workers at Five Star Stockfeeds - Camperdown. The dispute centred on whether the terms of the proposed agreement met the statutory requirements under the Fair Work Act 2009 and were in the best interests of the employees.

The legal issues before the Commission involved verifying if the agreement adhered to the procedural and substantive requirements set out in the Act. Specifically, the Commission had to ensure that the agreement provided for the minimum entitlements mandated by the relevant awards and national employment standards, and that it had been genuinely negotiated between the employer and the union. Additionally, the Commission considered whether the agreement provided fair and reasonable terms for the employees, taking into account the economic context and the bargaining power of the parties.

After examining the evidence and submissions from both the union and the employer, the Commission concluded that the agreement was fairly negotiated and met all the statutory requirements. The Commission found that the terms provided for minimum entitlements and were reasonable in light of the economic conditions and the bargaining context. The Commission determined that the agreement would be in the best interests of the employees and approved it, thereby formalising the employment terms between Five Star Stockfeeds - Camperdown and the employees represented by the National Union of Workers.

National Union of Workers

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established