DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Simplot Australia Pty Ltd T/A Simplot Australia
(AG2015/7585)

SIMPLOT AUSTRALIA PTY LIMITED AND AMWU AND CEPU ECHUCA ENTERPRISE AGREEMENT 2015

Food, beverages and tobacco manufacturing industry
COMMISSIONER ROE	MELBOURNE, 17 DECEMBER 2015

Application for approval of the Simplot Australia Pty Limited and AMWU and CEPU Echuca Enterprise Agreement 2015.

[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 Agreement 2015 (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 “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union and the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia 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.

[4] The Agreement was approved on 17 December 2015 and, in accordance with s.54, will operate from 24 December 2015. The nominal expiry date of the Agreement is 31 March 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Simplot Australia Pty Ltd T/A Simplot Australia applied for approval of the Simplot Australia and AMWU and CEPU Echuca Enterprise Agreement 2015. The applicant argued that the agreement was in the best interests of the employees and that it complied with relevant legislation. The Australian Manufacturing Workers' Union and the Construction, Forestry, Maritime, Mining and Energy Union were the unions involved in the negotiations and argued in support of the agreement. The dispute was heard by the Fair Work Commission.

The legal issues before the Commission were whether the agreement complied with the Fair Work Act 2009 and whether it was in the best interests of the employees. The Commission had to consider whether the agreement met the requirements of the Act, including whether it provided for fair and reasonable terms and conditions of employment, and whether it provided for a fair and efficient process for resolving disputes. The Commission also had to consider whether the agreement provided for adequate protections for employees, including protections for vulnerable workers.

The Commission found that the agreement complied with the Act and was in the best interests of the employees. The Commission found that the agreement provided for fair and reasonable terms and conditions of employment and provided for a fair and efficient process for resolving disputes. The Commission also found that the agreement provided for adequate protections for employees, including protections for vulnerable workers. The Commission approved the agreement and made orders to that effect.

The Fair Work Commission approved the Simplot Australia and AMWU and CEPU Echuca Enterprise Agreement 2015. The Commission made orders that the agreement be registered and that it be taken to be in force from the date of registration. The Commission also made orders that the agreement be published on the Fair Work Commission's website.

Simplot Australia Pty Ltd 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