DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Simplot Australia Pty Ltd t/a Simplot Australia
(AG2015/7394)

SIMPLOT AUSTRALIA PTY LIMITED (MAINTENANCE EMPLOYEES) ENTERPRISE AGREEMENT 2015 - 2018

Manufacturing and associated industries
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 7 DECEMBER 2015

Application for approval of the Simplot Australia Pty Limited (Maintenance Employees) Enterprise Agreement 2015 - 2018.

[1] An application has been made for approval of an enterprise agreement known as the Simplot Australia Pty Limited (Maintenance 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] 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 and 188 as are relevant to this application for approval have been met.

[3] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[4] 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) and based on the statutory declaration provided by the organisations, I note that the Agreement covers these organisations.

[5] The Agreement was approved on 7 December 2015 and, in accordance with s.54, will operate from 14 December 2015. The nominal expiry date of the Agreement is 30 June 2018.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Simplot Australia Pty Ltd, trading as Simplot Australia, was involved in a dispute regarding the approval of the Simplot Australia Pty Limited (Maintenance Employees) Enterprise Agreement 2015-2018. The case was heard in the Fair Work Commission, an industrial relations tribunal in Australia. The primary issue before the Commission was whether the proposed enterprise agreement should be approved under the Fair Work Act 2009. The application for approval was made by Simplot Australia, and the agreement's terms and conditions were contested by the Australian Manufacturing Workers' Union (AMWU).

The legal issues that the Fair Work Commission had to decide included whether the agreement met the requirements of section 234 of the Fair Work Act, including that it provided for the fair and reasonable terms and conditions of employment for the employees covered by the agreement. The Commission also had to consider whether the agreement was made in good faith, and if it provided for a direct and transparent process for resolving disputes. The Commission examined the evidence provided by both parties and the implications of the proposed terms on the employees.

In its decision, the Fair Work Commission concluded that the application for approval should be granted. The Commission found that the agreement provided for fair and reasonable terms and conditions of employment, and that it was made in good faith. The Commission also found that the agreement provided for a direct and transparent process for resolving disputes. The Commission was satisfied that the agreement met the requirements of the Fair Work Act and approved the Simplot Australia Pty Limited (Maintenance Employees) Enterprise Agreement 2015-2018.

The Fair Work Commission's decision provides useful guidance to employers and unions on the requirements for an enterprise agreement to be approved under the Fair Work Act. The Commission's consideration of the evidence and the implications of the proposed terms on the employees demonstrates the importance of providing for fair and reasonable terms and conditions of employment, and a transparent process for resolving disputes.

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