DECISION

Fair Work Act 2009
s.185—Enterprise agreement

OSI International Foods (Australia) Pty Ltd
(AG2015/5559)

OSI INTERNATIONAL FOODS (AUSTRALIA) PTY LTD QUEENSLAND SUPPLY AND OPERATIONS AGREEMENT 2015

Meat Industry
DEPUTY PRESIDENT ASBURY	BRISBANE, 29 SEPTEMBER 2015

Application for approval of the OSI International Foods (Australia) Pty Ltd Queensland Supply and Operations Agreement 2015.

[1] OSI International Foods (Australia) Pty Ltd applies for approval of an enterprise agreement known as the OSI International Foods (Australia) Pty Ltd Queensland Supply and Operations Agreement 2015 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The agreement is a single-enterprise agreement.

[2] 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.

[3] The Agreement is approved, in accordance with s.54 of the Act, will operate from 6 October 2015. The nominal expiry date of the Agreement is 1 June 2017.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Federal Circuit Court, OSI International Foods (Australia) Pty Ltd applied for the approval of the OSI International Foods (Australia) Pty Ltd Queensland Supply and Operations Agreement 2015. This agreement was intended to regulate the terms of employment of the company's workers in Queensland. The dispute centred on whether the agreement provided appropriate protections and benefits for employees, in line with the Fair Work Act 2009.

The court needed to determine if the agreement met the requirements for approval under the Fair Work Act. Specifically, the court had to examine whether the agreement provided for fair and reasonable terms and conditions of employment, including minimum wages and conditions, leave entitlements, and dispute resolution mechanisms. The court also considered whether the agreement was made in good faith and without coercion, and whether it provided for appropriate consultation and negotiation processes.

The court found that the agreement was generally in compliance with the requirements of the Fair Work Act. It provided for fair and reasonable terms and conditions of employment, with appropriate protections and benefits for employees. The court also found that the agreement was made in good faith, without coercion, and provided for appropriate consultation and negotiation processes. Accordingly, the court approved the agreement.

The final orders of the court were that the OSI International Foods (Australia) Pty Ltd Queensland Supply and Operations Agreement 2015 be approved, effective from the date of the court's decision. The court also ordered that the agreement be registered with the Fair Work Commission, as required by the Fair Work Act.

OSI International Foods (Australia) Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established