Royal Foods Aust Pty Ltd

[2022] FWCA 2243

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Royal Foods Aust Pty Ltd

(AG2022/1999)

Royal Foods Brunswick Enterprise Agreement 2021

Storage services
DEPUTY PRESIDENT MOLTONI	BRISBANE, 6 JULY 2022

Application for approval of the Royal Foods Brunswick Enterprise Agreement 2021

An application has been made for approval of an enterprise agreement known as the Royal Foods Brunswick 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 Royal Foods Aust Pty Ltd (the Applicant). The Agreement is a single enterprise agreement.

The Applicant has provided written undertakings. 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 views of each person who the Fair Work Commission knows is a bargaining representative for the Agreement have been sought in relation to the Undertakings.

Subject to the undertakings referred to above, I am satisfied that each requirement of ss186, 187 and 188 as are relevant to this application for approval have been met. The undertakings are taken to be a term of the Agreement.

Noting the undertakings provided and Clause 6 of the Agreement, I am satisfied that the more beneficial entitlements of the NES in the Act will prevail where there is an inconsistency between the Agreement and the NES.
The United Workers Union (UWU) lodged a Form F18 statutory declaration giving notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) of the Act, I note the Agreement covers the UWU.

The Agreement is approved and will operate in accordance with s.54 of the Act. The nominal expiry date of the Agreement is 30 June 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Royal Foods Australia Pty Ltd applied to the Fair Work Commission for approval of the Royal Foods Brunswick Enterprise Agreement 2021. The application was made in accordance with section 235 of the Fair Work Act 2009, seeking the Commission's endorsement of the agreement as a registered agreement. The parties involved in the agreement are Royal Foods Australia Pty Ltd, as the employer, and the relevant unions representing the employees, as the employee party. The nature of the dispute revolves around whether the agreement meets the legal requirements for registration under the Fair Work Act.

The primary legal issues that the Commission had to decide were whether the agreement satisfied the procedural and substantive requirements for registration. Procedurally, the Commission examined whether the agreement was the product of genuine bargaining and whether the necessary processes were followed in its creation. Substantively, the Commission assessed whether the agreement complied with the provisions of the Fair Work Act, including matters such as minimum entitlements, procedural fairness, and the avoidance of undue hardship. Additionally, the Commission considered whether the agreement provided for a fair and reasonable set of terms and conditions for the employees.

In its decision, the Commission found that the agreement met both the procedural and substantive requirements for registration. The Commission determined that the agreement was the product of genuine bargaining and that all necessary processes were followed in its creation. Furthermore, the Commission concluded that the agreement complied with the Fair Work Act and provided for fair and reasonable terms and conditions for the employees. The Commission was satisfied that the agreement did not contain any provisions that would cause undue hardship to any party and that it provided for procedural fairness in the workplace. As a result, the Commission approved the agreement for registration under section 176 of the Fair Work Act. The agreement will now be registered and will apply to the relevant employees as a legally binding enterprise agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established