DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Real Pet Food Company Pty Ltd
(AG2021/6409)

REAL PET FOOD COMPANY - DUBBO ENTERPRISE AGREEMENT 2021

Food, beverages and tobacco manufacturing industry
DEPUTY PRESIDENT DEAN	CANBERRA, 16 AUGUST 2021

Application for approval of the Real Pet Food Company - Dubbo Enterprise Agreement 2021.

[1] An application has been made for approval of an enterprise agreement known as the Real Pet Food Company - Dubbo Enterprise Agreement 2021 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Real Pet Food Company Pty Ltd. The Agreement is a single enterprise agreement.

[2] The Employer has provided a written undertaking. A copy of the undertaking is attached in Annexure A. I am satisfied that the undertaking will not cause financial detriment to any employee covered by the Agreement and that the undertaking will not result in substantial changes to the Agreement. The undertaking is taken to be a term of the Agreement.

[3] Subject to the undertaking 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] 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] I note that the provisions at clause 48.2 (Abandonment of employment) of the Agreement are likely to be inconsistent with the National Employment Standards (NES). However, noting clause 8.2 of the Agreement, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

[6] The Australasian Meat Industry Employees Union and the “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU), being bargaining representatives for the Agreement, have given notices under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) I note that the Agreement covers the organisations.

[7] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 23 August 2021. The nominal expiry date of the Agreement is 23 August 2024.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The Real Pet Food Company Pty Ltd applied to the Fair Work Commission for approval of the Dubbo Enterprise Agreement 2021. The applicant sought to have the agreement made by the parties recognised as an approved agreement under the Fair Work Act 2009. The application was opposed by the National Tertiary Education Union (NTEU). The nature of the dispute was whether the agreement met the necessary criteria for approval under the Act, particularly concerning its alignment with the Fair Work (Registered Organisations) Act 2009 provisions and the overarching principles of the Fair Work Act.

The central legal issue before the court was whether the terms and conditions outlined in the Dubbo Enterprise Agreement 2021 complied with the statutory requirements for approval. This involved an assessment of the agreement’s adherence to the Fair Work Act’s provisions concerning enterprise bargaining, including whether it provided for a fair and efficient bargaining process, and whether it contained mandatory terms that were fair and reasonable. The court also had to consider whether the agreement adequately protected employees' rights and interests, ensuring they were not disadvantaged by the terms of the agreement.

The Commission, after reviewing the submissions and evidence from both parties, determined that the Dubbo Enterprise Agreement 2021 met the criteria for approval under the Fair Work Act. The Commission found that the agreement provided for a fair and efficient bargaining process and that it included terms that were fair and reasonable. The Commission also considered that the agreement adequately protected the rights and interests of the employees, ensuring they were not disadvantaged by the terms of the agreement. Consequently, the Commission approved the agreement, confirming its compliance with the statutory requirements for enterprise agreements.

Real Pet Food Company 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