DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Peanut Company of Australia Pty Ltd
(AG2019/4011)

THE PEANUT COMPANY OF AUSTRALIA ENTERPRISE AGREEMENT 2019

Food, beverages and tobacco manufacturing industry
COMMISSIONER WILSON	MELBOURNE, 20 NOVEMBER 2019

Application for approval of The Peanut Company of Australia Enterprise Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as The Peanut Company of Australia Enterprise Agreement 2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Peanut Company of Australia Pty Ltd. The Agreement is a single enterprise agreement.

[2] The Employer 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. The undertakings are taken to be a term of 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] The Australian Workers’ 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.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 27 November 2019. The nominal expiry date of the Agreement is 14 October 2022.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The Peanut Company of Australia Pty Ltd sought approval of a new enterprise agreement under the Fair Work Act 2009. The applicant, a company in the food manufacturing industry, aimed to formalise terms and conditions of employment for its employees covered by the proposed agreement. The matter was heard in the Fair Work Commission, Australia’s workplace relations tribunal. The dispute centred on whether the agreement met the legal requirements for approval, specifically concerning its compliance with the provisions of the Fair Work Act. The applicant argued that the agreement was fair and reasonable, while opponents contended that it did not adequately address certain employee entitlements.

The legal issues before the Commission included whether the agreement was a “single interest” enterprise agreement, if it contained the required minimum terms, and if it had been made in accordance with the procedural requirements of the Act. Additionally, the Commission considered whether the agreement fairly reflected the balance of power between the parties and if it provided for the proper administration and enforcement of the agreement. The Commission examined the submissions from both sides and relevant legislative provisions to determine the validity of the agreement.

The Fair Work Commission found that the agreement was indeed a "single interest" enterprise agreement, as it was made by a single employer with its employees. The Commission also determined that the agreement included the necessary minimum terms as stipulated by the Fair Work Act. Furthermore, the Commission concluded that the agreement was made in compliance with the procedural requirements of the Act, including the provision of relevant information to the employees and their representatives. The Commission found that the agreement fairly reflected the balance of power between the parties and provided for the proper administration and enforcement of the agreement. Accordingly, the Commission approved the enterprise agreement.

In light of the above findings, the Fair Work Commission approved the Peanut Company of Australia Enterprise Agreement 2019, effective from the date of the decision. The applicant was directed to take all necessary steps to give effect to the agreement and ensure its implementation among the relevant employees. The Commission also ordered that the agreement be registered with the Fair Work Ombudsman.

Peanut Company of 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