Simplot Australia Pty Ltd

[2016] FWCA 361

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Simplot Australia Pty Ltd T/A Simplot Australia

(AG2015/7740)

SIMPLOT AUSTRALIA PTY LTD - PAKENHAM SITE (PRODUCTION

EMPLOYEES) ENTERPRISE AGREEMENT 2015 - 2018

Food, beverages and tobacco manufacturing industry

COMMISSIONER ROE

MELBOURNE, 19 JANUARY 2016

Application for approval of the Simplot Australia Pty Ltd - Pakenham Site (Production

Employees) Enterprise Agreement 2015 - 2018.

[1] An application has been made for approval of an enterprise agreement known as the

Simplot Australia Pty Ltd - Pakenham Site (Production Employees) Enterprise Agreement

2015 - 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 Ltd 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. The Agreement does not cover all of the

employees of the employer, however, taking into account the factors in Section 186(3) and

(3A) I am satisfied that the group of employees was fairly chosen.

[3] 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.
[2016] FWCA 361

[4] The Agreement was approved on and, in accordance with s.54, will operate from 26

January 2016. The nominal expiry date of the Agreement is 30 June 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Simplot Australia Pty Ltd applied for approval of the Simplot Australia Pty Ltd - Pakenham Site (Production Employees) Enterprise Agreement 2015 - 2018 (the Agreement) under section 185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement that does not cover all of the employees of the employer. The Australian Manufacturing Workers Union, a bargaining representative for the Agreement, gave notice under section 183 of the Act that it wants the Agreement to cover it, and the Agreement covers the organisation in accordance with section 201(2) of the Act. The Commissioner was satisfied that each of the requirements of sections 186, 187 and 188 as relevant to this application for approval have been met, and that the group of employees was fairly chosen. The Agreement was approved and will operate from 26 January 2016. The nominal expiry date of the Agreement is 30 June 2018.

The legal issues that the court was required to decide included whether the requirements of sections 186, 187 and 188 of the Act as relevant to the application for approval had been met, and whether the group of employees was fairly chosen. The court had to consider the factors in Section 186(3) and (3A) in determining whether the group of employees was fairly chosen.

The court found that each of the requirements of sections 186, 187 and 188 as relevant to the application for approval had been met. The court was satisfied that the group of employees was fairly chosen, taking into account the factors in Section 186(3) and (3A). The court also noted that the Agreement covers the organisation in accordance with section 201(2) of the Act. The court approved the Agreement and it will operate from 26 January 2016.

The final orders of the court were that the Agreement was approved and will operate from 26 January 2016. The nominal expiry date of the Agreement is 30 June 2018.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established