OSI International Foods (Australia) Pty Ltd

[2017] FWCA 6343

FAIR WORK COMMISSION

decision

Fair Work Act 2009

s.185—Enterprise agreement

OSI International Foods (Australia) Pty Ltd

(AG2017/4293)

OSI International Food (Australia) Pty Ltd Blacktown Maintenance Agreement 2017-2019

Manufacturing and associated industries
Commissioner Wilson	MELBOURNE, 30 NOVEMBER 2017

Application for approval of the OSI International Foods (Australia) Pty. Ltd. Blacktown Maintenance Agreement 2017-2019.

An application has been made for approval of an enterprise agreement known as the OSI International Foods (Australia) Pty. Ltd. Blacktown Maintenance Agreement 2017-2019 (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 Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia 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 7 December 2017. The nominal expiry date of the Agreement is 29 November 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 their Blacktown Maintenance Agreement 2017-2019. The dispute centred around whether the agreement met the necessary criteria under the Fair Work Act 2009. The parties involved were OSI International Foods (Australia) Pty Ltd and the United Voice union, which represented the employees. The court was required to decide whether the agreement complied with the Fair Work Act, including whether it covered all employees, contained minimum terms and conditions, and was made in good faith.

The court considered the application under the Fair Work Act 2009, focusing on whether the agreement met the criteria for a maintenance agreement. Key issues included the comprehensiveness of the agreement, the terms and conditions set out within it, and whether it was made in good faith. The court examined the application of the good faith requirement and whether the agreement adequately represented the interests of both parties. The court also evaluated the coverage of the agreement and whether it was comprehensive enough to meet the requirements of the Act.

After careful consideration, the court found that the agreement met the criteria for approval under the Fair Work Act 2009. The court determined that the agreement was comprehensive, included the necessary minimum terms and conditions, and was made in good faith. The court concluded that the agreement adequately represented the interests of both the employer and the employees, and was therefore suitable for approval. The application was subsequently approved, and the Blacktown Maintenance Agreement 2017-2019 was certified as meeting the requirements of the Act.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established