DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Real Pet Food Company Pty Ltd
(AG2019/4197)

REAL PET FOOD COMPANY INVERELL ENTERPRISE AGREEMENT 2019

Pet food manufacturing industry
COMMISSIONER WILSON	MELBOURNE, 7 JANUARY 2020

Application for approval of the Real Pet Food Company Inverell Enterprise Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the Real Pet Food Company Inverell 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 Real Pet Food Company 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 Agreement is approved and, in accordance with s.54 of the Act, will operate from 14 January 2020. The nominal expiry date of the Agreement is 31 October 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case before the Fair Work Commission involved an application for the approval of the Real Pet Food Company Inverell Enterprise Agreement 2019. Real Pet Food Company Pty Ltd, the applicant, sought approval of the agreement which had been negotiated between the company and a union representing its employees. The union, the relevant employees, and the company were parties to the proceedings. The dispute centred around the terms and conditions of employment specified in the proposed agreement and whether it complied with the relevant legislative framework under the Fair Work Act 2009. The commission was required to determine if the agreement met the criteria for approval, including whether it provided for fair and reasonable terms and conditions of employment, and if it was made in good faith.

The central legal issues before the commission were whether the proposed agreement complied with the statutory requirements for approval under the Fair Work Act 2009, and if the agreement was made in good faith. The commission needed to consider if the agreement provided for fair and reasonable terms and conditions of employment, and if it met the necessary criteria for approval. Additionally, the commission examined whether there was evidence of coercion, undue influence, or any other factors that might undermine the assertion of good faith in the negotiation and execution of the agreement.

In its decision, the commission found that the Real Pet Food Company Inverell Enterprise Agreement 2019 met the criteria for approval under the Fair Work Act 2009. The commission was satisfied that the agreement provided for fair and reasonable terms and conditions of employment, and that it had been made in good faith. The commission took into account the evidence presented by the parties, including the negotiation process, the nature of the terms proposed, and the absence of any factors that would indicate a lack of good faith. Consequently, the commission approved the agreement, finding it to be compliant with the relevant legislative requirements.

The final orders of the commission were that the Real Pet Food Company Inverell Enterprise Agreement 2019 be approved as a registered agreement under the Fair Work Act 2009. This approval meant that the terms and conditions specified in the agreement would be binding on the parties from the date of registration, providing a clear framework for the employment relationship moving forward.

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