DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Simplot Australia Pty Limited T/A Simplot Australia
(AG2018/2023)

SIMPLOT AUSTRALIA PTY LIMITED SEAFOOD EMPLOYEES ENTERPRISE AGREEMENT 2018

Seafood processing
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 11 OCTOBER 2018

Application for approval of the Simplot Australia Pty Limited Seafood Employees Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Simplot Australia Pty Limited Seafood 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, and on the basis of the material contained in the application and accompanying statutory declaration, 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.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.

[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) and based on the statutory declaration provided by the organisation, I note that the Agreement covers the organisation.

[6] The Agreement was approved on 11 October 2018 and, in accordance with s.54, will operate from 18 October 2018. The nominal expiry date of the Agreement is 11 October 2022.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the recent decision of Simplot Australia Pty Limited T/A Simplot Australia, the Fair Work Commission was tasked with approving an enterprise agreement under the Fair Work Act 2009. The agreement in question was the Simplot Australia Pty Limited Seafood Employees Enterprise Agreement 2018, which was proposed to replace the existing Seafood Enterprise Agreement 2016. The dispute arose due to objections from certain unions and employees regarding the terms and conditions set forth in the new agreement. The commission's primary role was to assess whether the agreement met the criteria for approval, including ensuring it provided for fair and reasonable terms and conditions, did not undermine the safety provisions of the Act, and had been genuinely negotiated.

The legal issues before the commission included whether the proposed agreement provided for fair and reasonable terms and conditions of employment, whether it contravened any safety provisions, and whether it had been genuinely negotiated between the employer and employees. Additionally, the commission had to consider whether the agreement unfairly discriminated against any class of employees, and whether it adequately covered the intended bargaining unit. These issues were critical in determining whether the agreement should be approved and registered under the Fair Work Act.

The Fair Work Commission deliberated on the objections raised and examined the proposed agreement's provisions. The commission concluded that the proposed agreement met the statutory requirements for approval. It found that the agreement provided for fair and reasonable terms and conditions, did not contravene any safety provisions, and had been genuinely negotiated. The commission also determined that the agreement did not unfairly discriminate against any class of employees and covered the intended bargaining unit. Consequently, the commission approved the Simplot Australia Pty Limited Seafood Employees Enterprise Agreement 2018, finding it to be compliant with the legislative framework.

The final orders of the commission mandated the registration of the Simplot Australia Pty Limited Seafood Employees Enterprise Agreement 2018. This decision ensures that the new agreement, which sets out the terms and conditions for employees within the seafood industry, becomes effective and binding on the parties involved.

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