DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Simplot Australia Pty Limited T/A Simplot Australia
(AG2019/801)

SIMPLOT AUSTRALIA PTY LIMITED (MAINTENANCE EMPLOYEES) ENTERPRISE AGREEMENT 2018

Manufacturing and associated industries
COMMISSIONER LEE	MELBOURNE, 1 MAY 2019

Application for approval of the Simplot Australia Pty Limited (Maintenance Employees) Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Simplot Australia Pty Limited (Maintenance Employees) Enterprise Agreement 2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Simplot Australia Pty Limited T/A Simplot Australia. The Agreement is a single enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

[3] The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia and “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing 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.

[4] I observe that the following provisions is likely to be inconsistent with the National Employment Standards (NES):

• Clause 37 - Annual Leave.

However, noting clause 6.9 of the Agreement, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 8 May 2019. The nominal expiry date of the Agreement is 30 June 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involved Simplot Australia Pty Limited, trading as Simplot Australia, which applied for the approval of the Simplot Australia Pty Limited (Maintenance Employees) Enterprise Agreement 2018. The application was heard in the Fair Work Commission. The dispute centred around whether the enterprise agreement met the statutory requirements for approval under the Fair Work Act 2009. Specifically, the issues included whether the agreement provided for the appropriate minimum entitlements, whether it was free from prohibited content, and if the necessary procedural requirements had been satisfied.

The Fair Work Commission considered various provisions of the Fair Work Act and the Fair Work Regulations, including the criteria for minimum entitlements and the prohibitions against certain types of content in an enterprise agreement. The Commission examined the agreement to ensure it complied with the statutory minimum standards and did not include any content that would render it invalid. It also assessed whether the proper consultation and bargaining processes had been followed. After reviewing the evidence and submissions, the Commission determined that the agreement substantially complied with the statutory requirements and was free from prohibited content.

As a result, the Fair Work Commission approved the Simplot Australia Pty Limited (Maintenance Employees) Enterprise Agreement 2018. The decision was made in accordance with the statutory provisions and the evidence presented, confirming that the agreement met all necessary criteria for approval. This decision was significant as it provided clarity on the specific requirements for enterprise agreements in the Australian industrial relations context.

Simplot Australia Pty Limited T/A Simplot Australia

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established