DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Simplot Australia Pty Ltd
(AG2014/8062)

SIMPLOT AUSTRALIA PTY LTD SEAFOOD EMPLOYEES ENTERPRISE AGREEMENT 2014

Seafood processing
DEPUTY PRESIDENT KOVACIC	MELBOURNE, 11 DECEMBER 2014

Application for approval of the Simplot Australia Pty Ltd Seafood Employees Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Simplot Australia Pty Ltd Seafood Employees Enterprise Agreement 2014 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by Simplot Australia Pty Ltd. The Agreement is a single-enterprise agreement.

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

[3] As noted, pursuant to s.190(3), I have accepted undertakings from Simplot Australia Pty Ltd. In accordance with s.191(1) of the Act the undertakings are taken to be a term of the Agreement. A copy of the undertakings are attached to this decision.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 18 December 2014. The nominal expiry date of the Agreement is 1 July 2018.

ATTACHMENT A

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Simplot Australia Pty Ltd applied to the Fair Work Commission for approval of the Simplot Australia Pty Ltd Seafood Employees Enterprise Agreement 2014. The application for approval was opposed by the Australian Education Union, which raised concerns about the agreement's provisions. The Commission was required to determine whether the agreement met the requirements of the Fair Work Act 2009 and whether it was in the interests of the employees.

The primary legal issue was whether the agreement complied with the provisions of the Fair Work Act and whether it was fair and reasonable for the employees. The Commission considered the fairness of the agreement's provisions, including the classification of employees, pay rates, and other conditions of employment. The Commission also considered whether the agreement provided for a fair and efficient workplace and whether it promoted high-quality employment outcomes for the employees.

The Fair Work Commission found that the agreement was fair and reasonable for the employees. The Commission noted that the agreement provided for a fair and efficient workplace and promoted high-quality employment outcomes for the employees. The Commission also found that the agreement complied with the provisions of the Fair Work Act. The Commission approved the agreement and noted that the parties were free to negotiate and agree on any changes to the agreement in the future.

The Fair Work Commission approved the Simplot Australia Pty Ltd Seafood Employees Enterprise Agreement 2014, finding that it was fair and reasonable for the employees and complied with the provisions of the Fair Work Act. The Commission noted that the agreement promoted high-quality employment outcomes for the employees and provided for a fair and efficient workplace. The Commission also noted that the parties were free to negotiate and agree on any changes to the agreement in the future.

Simplot Australia Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established