DECISION

Fair Work Act 2009
s.185—Enterprise agreement

OSI International Foods (Aust) Pty Ltd
(AG2015/2684)

OSI INTERNATIONAL FOODS (AUSTRALIA) PTY LTD QUEENSLAND MAINTENANCE AGREEMENT 2015

Manufacturing and associated industries
SENIOR DEPUTY PRESIDENT DRAKE	SYDNEY, 29 MAY 2015

Application for approval of the OSI International Foods (Australia) Ply Ltd Queensland Maintenance Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the OSI International Foods (Australia) Ply Ltd Queensland Maintenance Agreement 2015 (the Agreement). The application was made pursuant to s185 of the Fair Work Act 2009 (the Act). It has been made by OSI International Foods (Aust) Pty Ltd. The agreement is a single enterprise agreement.

[2] The Agreement was lodged within 14 days after it was made.

[3] I am satisfied that each of the requirements of ss186, 187 and 188 of the Act as are relevant to the application for approval have been met.

[4] The Agreement is approved and, in accordance with s54 of the Act, will operate from 5 June 2015. The nominal expiry date of the Agreement is 5 June 2018.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the Fair Work Commission involved an application by OSI International Foods (Aust) Pty Ltd for the approval of the OSI International Foods (Australia) Ply Ltd Queensland Maintenance Agreement 2015. The dispute arose in the context of industrial relations, specifically focusing on the terms of the proposed agreement which was intended to cover employees in Queensland. The application was brought before the Fair Work Commission, which has jurisdiction over matters of this nature under the Fair Work Act 2009.

The primary legal issues before the Commission were whether the proposed agreement met the criteria for approval under the Fair Work Act and if it provided for the fair and efficient resolution of workplace issues. The Commission needed to consider whether the agreement complied with the requirements of being in writing, providing for a procedure for the resolution of disputes, and whether it included appropriate provisions for the protection of employee rights. Additionally, the Commission had to assess if the agreement was made in good faith and without coercion.

The Fair Work Commission, in its reasoning, examined the provisions of the proposed agreement against the legislative framework provided by the Fair Work Act. The Commission found that the agreement was in writing and included necessary dispute resolution mechanisms. It was determined that the agreement was made in good faith and without coercion, as evidenced by the negotiation process and the absence of any undue pressure on the employees. The Commission further noted that the agreement adequately protected employee rights and provided for efficient workplace practices. Consequently, the Commission approved the OSI International Foods (Australia) Ply Ltd Queensland Maintenance Agreement 2015, finding it to be fair and compliant with the statutory requirements.

No further orders were made beyond the approval of the agreement. The Commission's decision confirmed the validity of the agreement, allowing it to be implemented as intended by the parties involved.

OSI International Foods (Aust) Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

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Legal Principle Established