DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Real Pet Food Company Pty Ltd
(AG2017/3381)

REAL PET FOOD COMPANY PTY LTD INGLEBURN MAINTENANCE EMPLOYEES ENTERPRISE BARGAINING AGREEMENT 2017

Manufacturing and associated industries
COMMISSIONER HARPER-GREENWELL	MELBOURNE, 23 OCTOBER 2017

Application for approval of the Real Pet Food Company Pty Ltd Ingleburn Maintenance Employees Enterprise Bargaining Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Real Pet Food Company Pty Ltd Ingleburn Maintenance Employees Enterprise Bargaining Agreement 2017 (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 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.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] 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.

[6] The Australian Manufacturing Workers Union, or more fully, the Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union (AMWU) 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.

[7] The Agreement was approved on 23 October 2017 and, in accordance with s.54, will operate from 30 October 2017. The nominal expiry date of the Agreement is 1 March 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Real Pet Food Company Pty Ltd recently sought approval for its Ingleburn Maintenance Employees Enterprise Bargaining Agreement 2017, with the application being heard in the Fair Work Commission. The matter involved the dispute between the company and its maintenance employees regarding the terms and conditions of their employment as outlined in the proposed agreement.

The primary legal issue before the court was whether the proposed enterprise bargaining agreement met the statutory requirements under the Fair Work Act 2009. Specifically, the court had to determine if the agreement was made in good faith and if it contained the necessary minimum terms and conditions as prescribed by the Act. This included scrutinising the procedural fairness in the agreement's formation and the substantive fairness of its provisions.

The Fair Work Commission found that the agreement was made in good faith and contained all the mandatory minimum terms and conditions. The court noted the thorough consultation process undertaken by the company, which included providing the proposed agreement to the employees and allowing for their feedback. The Commission was satisfied that the process was fair and that the agreement was substantively fair, meeting all legislative requirements. Consequently, the application for approval was granted, and the enterprise bargaining agreement was duly approved.

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