DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Simplot Australia Pty Limited T/A Simplot Australia
(AG2019/799)

SIMPLOT AUSTRALIA PTY LIMITED - PAKENHAM SITE (PRODUCTION EMPLOYEES) ENTERPRISE AGREEMENT 2018

Food, beverages and tobacco manufacturing industry
DEPUTY PRESIDENT MASSON	MELBOURNE, 24 APRIL 2019

Application for approval of the Simplot Australia Pty Limited - Pakenham Site (Production Employees) Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Simplot Australia Pty Limited - Pakenham Site (Production 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] 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.

[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.

[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] The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ 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.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 1 May 2015. The nominal expiry date of the Agreement is 30 June 2019.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Simplot Australia Pty Limited, trading as Simplot Australia, applied to the Fair Work Commission for approval of the Simplot Australia Pty Limited - Pakenham Site (Production Employees) Enterprise Agreement 2018. The dispute centred on whether the enterprise agreement met the legal requirements for approval under the Fair Work Act 2009. The Fair Work Commission, specifically the Deputy President, was tasked with determining the application.

The legal issues revolved around whether the agreement was genuinely negotiated and whether it met the specific requirements under the Fair Work Act. Key points of contention included the scope of the bargaining representatives, the process of negotiation, and the compliance of the agreement with the statutory framework. The applicant argued that the agreement was fairly negotiated and met all legal requirements, while the respondent raised concerns about the adequacy of the negotiation process and the content of the agreement.

The Deputy President examined the evidence provided and considered the legal framework. It was found that the bargaining representatives had the authority to negotiate on behalf of the employees, and the negotiation process was appropriate. The agreement was found to be consistent with the provisions of the Act, including the pay and conditions, and it was approved. The Deputy President was satisfied that the agreement was genuinely negotiated and met all the statutory requirements for approval.

The Fair Work Commission approved the Simplot Australia Pty Limited - Pakenham Site (Production Employees) Enterprise Agreement 2018. The decision was made in favour of the applicant, and the agreement was registered under the Fair Work Act 2009. The approval was based on the evidence presented and the conclusion that the agreement was genuinely negotiated and met all the legal requirements.

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