DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Simplot Australia Pty Limited T/A Simplot Australia
(AG2018/5602)

SIMPLOT AUSTRALIA PTY LIMITED AND AMWU AND CEPU ECHUCA ENTERPRISE BARGAINING AGREEMENT 2018

Food, beverages and tobacco manufacturing industry
COMMISSIONER LEE	MELBOURNE, 21 JANUARY 2019

Application for approval of the Simplot Australia Pty Limited and AMWU and CEPU Echuca Enterprise Bargaining Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Simplot Australia Pty Limited and AMWU and CEPU Echuca Enterprise Bargaining 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 “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) being a bargaining representatives for the Agreement, has given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) I note that the Agreement covers the organisations.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 28 January 2019. The nominal expiry date of the Agreement is 31 March 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Simplot Australia Pty Limited, trading as Simplot Australia, and two unions, the Australian Manufacturing Workers' Union and the Community and Public Sector Union, sought approval of their enterprise bargaining agreement under the Fair Work Act 2009. The application was heard by the Fair Work Commission. The primary legal issues for the court to determine were whether the agreement complied with the requirements of the Act, and whether it was in the interests of employees. The court examined the scope of the agreement, the procedural fairness in its negotiation, and the fairness of its terms. The court found that the agreement was appropriately negotiated and included all necessary provisions as required by the Act. It also found that the terms of the agreement were fair and reasonable, considering the circumstances of the employees and the employer. The court approved the agreement, noting the satisfactory process and content of the agreement.

The court's approval of the enterprise bargaining agreement was based on its finding that the agreement met all legal requirements and was fair and reasonable. The court considered the evidence presented regarding the negotiation process, the scope of the agreement, and the terms and conditions it contained. The court was satisfied that the agreement was negotiated in good faith, and that all mandatory provisions were included. The court also found that the terms of the agreement were fair and reasonable, taking into account the economic circumstances and the needs of the employees and employer. The court concluded that the agreement was in the best interests of the employees and approved it accordingly.

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