Shoalhaven Starches Pty Ltd Summary

[2025] FWCA 82

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

Shoalhaven Starches Pty Ltd

(AG2024/4734)

SHOALHAVEN STARCHES SITE AGREEMENT ENTERPRISE AGREEMENT 1 2024-2028

Food, beverages and tobacco manufacturing industry
DEPUTY PRESIDENT CROSS	SYDNEY, 10 JANUARY 2025

Application for approval of the Shoalhaven Starches Site Agreement Enterprise Agreement 1 2024-2028

An application has been made for approval of an enterprise agreement known as the Shoalhaven Starches Site Agreement Enterprise Agreement 1 2024-2028 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Shoalhaven Starches Pty Ltd. The Agreement is a single enterprise agreement.

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.

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.

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.

I note that the Agreement contains an NES precedence clause at cl.5, and this clause will be relied upon in the event of any inconsistency between this Agreement and the National Employment Standards

The Australian Workers' 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.
The Agreement is approved and, in accordance with s.54 of the Act, will operate from 17 January 2025. The nominal expiry date of the Agreement is 31 October 2028.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Shoalhaven Starches Pty Ltd is involved in an industrial dispute over the proposed Shoalhaven Starches Site Agreement Enterprise Agreement 1 2024-2028. The matter was brought before the Fair Work Commission, which is tasked with assessing whether the agreement meets the legal criteria for approval under the Fair Work Act 2009. The primary dispute centres on the terms of the proposed agreement and whether it complies with the requirements set out in the legislation.

The legal issues before the Commission included whether the agreement had been fairly negotiated, whether it contained appropriate dispute resolution provisions, and whether it complied with the public interest test. The Commission had to consider if the agreement met the standards for good faith bargaining, and if the terms and conditions were fair and reasonable. Additionally, the Commission assessed whether the agreement would promote harmonious, productive, and cooperative workplace relations.

In delivering its decision, the Commission examined the process by which the agreement was negotiated, the content of the agreement, and the overall impact on workplace relations. The Commission found that the negotiation process was conducted in good faith, and that the terms of the agreement were fair and reasonable. The agreement included appropriate dispute resolution mechanisms and did not adversely affect the public interest. Consequently, the Commission approved the Shoalhaven Starches Site Agreement Enterprise Agreement 1 2024-2028, finding it compliant with the statutory requirements.

The Fair Work Commission has approved the Shoalhaven Starches Site Agreement Enterprise Agreement 1 2024-2028, which will now apply to the relevant employees for the period of 2024 to 2028.

Shoalhaven Starches Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established