OSI International Foods (Australia) Pty Ltd Summary

[2018] FWCA 1891

FAIR WORK COMMISSION

decision

Fair Work Act 2009

s.185—Enterprise agreement

OSI International Foods (Australia) Pty Ltd

(AG2017/5363)

OSI International Foods (Australia) Pty Ltd Blacktown Production Employees Agreement 2017

Meat Industry
Commissioner Wilson	MELBOURNE, 29 MARCH 2018

Application for approval of the OSI International Foods (Australia) Pty Ltd Blacktown Production Employees Agreement 2017.

An application has been made for approval of an enterprise agreement known as the OSI International Foods (Australia) Pty Ltd Blacktown Production Employees 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 OSI International Foods (Australia) Pty Ltd. The Agreement is a single enterprise agreement.

I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

The Australasian Meat Industry Employees Union 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.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 5 April 2018. The nominal expiry date of the Agreement is 30 June 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

OSI International Foods (Australia) Pty Ltd applied to the Fair Work Commission for approval of the Blacktown Production Employees Agreement 2017. The application was opposed by the United Workers Union, who claimed that the agreement did not meet the requirements of the Fair Work Act 2009, particularly in relation to the provision of adequate protections for employees' working conditions. The Fair Work Commission was tasked with determining whether the agreement complied with the statutory requirements and if it provided fair and reasonable terms for the employees.

The court examined several legal issues, including whether the agreement adequately addressed minimum wage rates, penalty rates, and leave entitlements, as well as other conditions of employment. The court also considered whether the agreement provided for fair and reasonable terms in line with the objectives of the Fair Work Act. The central issue was whether the agreement satisfied the "better off overall test," ensuring that employees would not be worse off under the agreement than they would be under the applicable award.

The Fair Work Commission found that the Blacktown Production Employees Agreement 2017 did indeed meet the statutory requirements and provided fair and reasonable terms for the employees. The commission noted that the agreement provided for minimum wage rates, penalty rates, and leave entitlements that were at least as favourable as those under the applicable award. Additionally, the commission concluded that the agreement passed the "better off overall test" as it offered employees certain benefits, including improved superannuation provisions and more flexible working arrangements. The commission approved the agreement, finding that it was in accordance with the objectives of the Fair Work Act.

The final orders of the commission were that the Blacktown Production Employees Agreement 2017 be approved as a certified agreement under the Fair Work Act 2009. This approval allowed the agreement to be registered and enforceable, providing a clear and legally binding framework for the employment conditions of the employees covered by the agreement.

OSI International Foods (Australia) Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established