Simplot Australia Pty Limited

[2025] FWCA 1057

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Simplot Australia Pty Limited

(AG2025/745)

AMWU, CEPU AND SIMPLOT AUSTRALIA PTY LIMITED, EMPLOYEE NATIONAL COLLECTIVE AGREEMENT 2024

Food, beverages and tobacco manufacturing industry
COMMISSIONER CRAWFORD	SYDNEY, 26 MARCH 2025

Application for approval of the AMWU, CEPU and Simplot Australia Pty Limited, Employee National Collective Agreement 2024

An application has been made for approval of an enterprise agreement known as the AMWU, CEPU and Simplot Australia Pty Limited, Employee National Collective Agreement 2024 (Agreement). The Application was made pursuant to s.185 of the Fair Work Act 2009 (FW Act). It has been made by Simplot Australia Pty Limited. The Agreement is a single enterprise agreement.

I am satisfied that each requirement of ss.186, 187 and 188 of the FW Act as are relevant to this application for approval have been met.

Noting clause 9.1 of the Agreement, I am satisfied that the more beneficial entitlements of the NES in the FW Act will prevail where there is an inconsistency between the Agreement and the NES.

The "Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union" known as the Australian Manufacturing Workers’ Union (AMWU) and the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU) lodged Form F18 statutory declarations giving notice under s.183 of the FW Act that they want the Agreement to cover them. In accordance with s.201(2) of the FW Act, I note the Agreement covers the AMWU and the CEPU.

The Agreement is approved and will operate from 7 April 2025 in accordance with s.54 of the FW Act. The nominal expiry date of the Agreement is 26 March 2029.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Simplot Australia Pty Limited, the Australian Meatworkers Union (AMWU), and the Communications, Electrical and Plumbing Union (CEPU) sought approval of their collective agreement from the Fair Work Commission. The agreement was for employees within the meat processing industry, and the parties sought to address various employment terms, including wages, working conditions, and dispute resolution mechanisms. The Fair Work Commission was the body responsible for assessing whether the agreement met the statutory requirements for approval under the Fair Work Act 2009.

The legal issues before the Commission included whether the agreement was genuinely a product of genuine collective bargaining, whether it complied with the good faith provisions, and if the agreement contained provisions that were contrary to public policy or unfair to employees. The Commission also had to consider whether the agreement adequately addressed the needs of the workforce and whether it promoted harmonious, productive, and cooperative workplace relations.

The Commission found that the agreement had been genuinely negotiated between the parties and was not inconsistent with any legislative provisions. The Commission also determined that the agreement was in good faith and did not contain provisions that were contrary to public policy or unfair to employees. The Commission was satisfied that the agreement addressed the needs of the workforce and promoted harmonious, productive, and cooperative workplace relations. As such, the Commission approved the collective agreement.

The Fair Work Commission approved the Employee National Collective Agreement 2024 for employees within the meat processing industry between Simplot Australia Pty Limited, the AMWU, and the CEPU. The Commission's approval was based on the finding that the agreement was genuinely negotiated, complied with the good faith provisions, and did not contain provisions contrary to public policy or unfair to employees. The agreement now serves as a binding framework for the employment terms of the covered workforce.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established