Simplot Australia Pty Ltd T/A Simplot

[2018] FWCA 7290 [Note: a decision has been issued to this document]

FAIR WORK COMMISSION

decision

Fair Work Act 2009

s.185—Enterprise agreement

Simplot Australia Pty Ltd T/A Simplot

(AG2018/4891)

AMWU, CEPU and Simplot Australia Pty Limited, Employee National Collective Agreement 2018 - 2021

Food, beverages and tobacco manufacturing industry
Commissioner Harper-Greenwell	MELBOURNE, 3 December 2018

Application for approval of the AMWU, CEPU and Simplot Australia Pty Limited, Employee National Collective Agreement 2018 - 2021.

An application has been made for approval of an enterprise agreement known as the AMWU, CEPU and Simplot Australia Pty Limited, Employee National Collective Agreement 2018 - 2021 (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. The Agreement is a single enterprise agreement.

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.

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. 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.

The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, and “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) being bargaining representatives for the Agreement, have 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 these organisations.

The Agreement was approved on 3 December 2018 and, in accordance with s.54, will operate from 10 December 2018. The nominal expiry date of the Agreement is 30 June 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Simplot Australia Pty Ltd, trading as Simplot, applied to the Fair Work Commission for the approval of an enterprise agreement with the Australian Manufacturing Workers' Union (AMWU) and the Construction, Forestry, Maritime, Mining and Energy Union (CFMU). The agreement, which was intended to cover employees for the period from 2018 to 2021, included provisions on wages, hours of work, leave, and other employment conditions. The application was made under the Fair Work Act 2009, which mandates that certain enterprise agreements be approved by the Fair Work Commission before they can be enforced.

The legal issues before the Commission involved determining whether the agreement complied with the statutory requirements for approval under the Fair Work Act. This included ensuring the agreement met the "better off overall test" (BOOT), which requires that no party to the agreement be worse off financially than they would be under the applicable awards or conditions of employment. The Commission also had to consider whether the agreement had been made in good faith and whether it contained appropriate mechanisms for resolving disputes. Furthermore, the Commission needed to assess whether the agreement included any terms that were contrary to public policy.

In its decision, the Fair Work Commission found that the agreement satisfied the statutory requirements for approval. The Commission determined that the agreement was made in good faith and met the BOOT, providing that no party would be worse off financially. The Commission also found that the agreement included appropriate mechanisms for resolving disputes and did not contain any terms that were contrary to public policy. As a result, the Commission approved the application and registered the enterprise agreement. The Commission's decision was based on its assessment of the evidence presented and its application of the relevant legal principles.

The Fair Work Commission's final order was that the enterprise agreement between Simplot Australia Pty Ltd, the AMWU, and the CFMEU for the period 2018 to 2021 be approved and registered under the Fair Work Act. This decision ensures that the terms and conditions of employment set out in the agreement can be enforced and provides a framework for resolving any disputes that may arise during the life of the agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established