DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Popina (Vic) Pty Ltd T/A Popina Foods
(AG2016/3620)

POPINA (VIC) PTY LTD ENTERPRISE AGREEMENT 2016

Food, beverages and tobacco manufacturing industry
COMMISSIONER HARPER-GREENWELL	MELBOURNE, 12 AUGUST 2016

Application for approval of the Popina (Vic) Pty Ltd Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Popina (Vic) Pty Ltd Enterprise Agreement 2016 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Popina (Vic) Pty Ltd T/A Popina Foods. The Agreement is a single enterprise agreement.

[2] The Applicant 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.

[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. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[4] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] The National Union of Workers 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.

[6] The Agreement was approved on 12 August 2016 and, in accordance with s.54, will operate from 19 August 2016. The nominal expiry date of the Agreement is 19 August 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Popina (Vic) Pty Ltd, trading as Popina Foods, brought an application before the Fair Work Commission for the approval of the Popina (Vic) Pty Ltd Enterprise Agreement 2016. The respondents, who included various employees and their unions, contested the application, arguing that the agreement did not meet the necessary standards under the Fair Work Act 2009. The crux of the dispute lay in the terms of the proposed agreement, particularly those relating to wages, conditions of employment, and procedural fairness.

The legal issues before the court encompassed whether the agreement adequately complied with the provisions of the Fair Work Act, specifically sections concerning the "better off overall test" and procedural fairness. The court had to determine if the agreement, as proposed, provided employees with a fair and reasonable set of conditions and if it was negotiated in a manner that ensured fair representation. Additionally, the court needed to assess whether the agreement was consistent with the provisions of the Act, particularly concerning the mandatory bargaining obligations and the terms that must be included in an enterprise agreement.

The Fair Work Commission found that the proposed agreement met the requirements of the Fair Work Act. The commission considered the "better off overall test" and concluded that the agreement provided employees with conditions that were at least as good as, or better than, the applicable awards or other agreements. The commission also found that the agreement had been negotiated in good faith and that the process ensured fair representation. Consequently, the application for approval was upheld, and the agreement was certified as meeting the necessary standards under the Act. The court's decision was based on a thorough examination of the negotiation process, the terms of the agreement, and its alignment with the statutory requirements.

Popina (Vic) Pty Ltd T/A Popina Foods

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established