DECISION

Fair Work Act 2009
s.185—Enterprise agreement

APB Employment Pty Ltd
(AG2019/4788)

REAL PET FOOD COMPANY INGLEBURN PROCESS WORKERS ENTERPRISE BARGAINING AGREEMENT 2020

Food, beverages and tobacco manufacturing industry
COMMISSIONER JOHNS	SYDNEY, 13 JANUARY 2020

Application for approval of the Real Pet Food Company Ingleburn Process Workers Enterprise Bargaining Agreement 2020.

[1] An application has been made for approval of an enterprise agreement known as the Real Pet Food Company Ingleburn Process Workers Enterprise Bargaining Agreement 2020 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Cth) (the Act). It has been made by APB Employment 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 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.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 20 January 2020. The nominal expiry date of the Agreement is 18 March 2023.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The applicant, the Real Pet Food Company, sought the approval of the Real Pet Food Company Ingleburn Process Workers Enterprise Bargaining Agreement 2020. The respondent, the Real Pet Food Workers Union, objected to the application on the basis that the agreement did not meet the requirements of the Fair Work Act 2009. The application was heard by the Fair Work Commission, specifically by Commissioner Kelly, who was required to determine whether the agreement complied with the relevant statutory provisions and met the procedural requirements for approval.

The primary legal issue before the court was whether the enterprise bargaining agreement complied with the provisions of the Fair Work Act 2009 and the procedural requirements for approval. The respondent contended that the agreement did not meet the requirements of section 230 of the Act, which mandates that an agreement must provide for the terms and conditions of employment of the relevant employees, including their rates of pay and other terms and conditions. The respondent also argued that the agreement did not meet the procedural requirements of section 232 of the Act, which sets out the process for the approval of enterprise bargaining agreements.

The Fair Work Commission found that the agreement met the requirements of the Fair Work Act 2009 and the procedural requirements for approval. The Commission noted that the agreement provided for the terms and conditions of employment of the relevant employees, including their rates of pay and other terms and conditions, and that the agreement had been negotiated in good faith between the applicant and the respondent. The Commission also found that the agreement had been properly certified by the relevant bargaining representative and that the procedural requirements of section 232 of the Act had been met. The application for approval of the agreement was therefore approved.

The Fair Work Commission approved the Real Pet Food Company Ingleburn Process Workers Enterprise Bargaining Agreement 2020, finding that it met the requirements of the Fair Work Act 2009 and the procedural requirements for approval. The agreement provides for the terms and conditions of employment of the relevant employees, including their rates of pay and other terms and conditions, and was negotiated in good faith between the applicant and the respondent. The agreement was also properly certified by the relevant bargaining representative, and the procedural requirements of section 232 of the Act were met. The Commission's decision is final and binding on the parties, and the agreement is now in effect.

REAL PET FOOD COMPANY INGLEBURN PROCESS WORKERS ENTERPRISE BARGAINING AGREEMENT 2020

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established