DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Simplot Australia Pty Ltd T/A Simplot Australia
(AG2015/72)

AMWU, CEPU AND SIMPLOT AUSTRALIA PTY LIMITED NATIONAL COLLECTIVE AGREEMENT 2014 - 2017

Food, beverages and tobacco manufacturing industry
COMMISSIONER BLAIR	MELBOURNE, 29 JANUARY 2015

Application for approval of the AMWU, CEPU and Simplot Australia Pty Limited National Collective Agreement 2014 - 2017.

[1] An application has been made for approval of a single-enterprise agreement known as the AMWU, CEPU and Simplot Australia Pty Limited National Collective Agreement 2014 - 2017 (the Agreement), 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 Applicant).

[2] 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] The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU), being the bargaining representative for the Agreement, has given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) of the Act I note that the Agreement covers the organisation.

[4] The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU), being the bargaining representative for the Agreement, has given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) of the Act I note that the Agreement covers the organisation.

[5] Pursuant to s.190 of the Act, the Applicant has given the undertaking annexed to this decision and to the Agreement. In accordance with ss. 191(1) and 201(3) of the Act I note that the undertaking is taken to be a term of the Agreement.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 5 February 2015. The nominal expiry date of the Agreement is 28 February 2017.

ANNEXURE A

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Simplot Australia Pty Ltd, trading as Simplot Australia, filed an application for approval of the AMWU, CEPU, and Simplot Australia Pty Ltd National Collective Agreement 2014-2017. This agreement governs the employment conditions of workers within the company. The Fair Work Commission, which handles such applications, was tasked with determining whether the agreement met the necessary criteria for approval under the Fair Work Act 2009.

The primary legal issue before the Commission was whether the collective agreement complied with the requirements set out in the Fair Work Act, particularly focusing on the application's procedural correctness and the content's adherence to the provisions for a valid enterprise agreement. The Commission needed to ascertain if the agreement was made in good faith, if it contained the necessary minimum terms and conditions, and if the process followed to create the agreement was fair and appropriate.

The Commission found that the application was procedurally sound and that the agreement itself met the criteria for approval. It determined that the agreement was made in good faith and contained all the necessary minimum terms and conditions. The Commission concluded that the process for creating the agreement was fair and appropriate, and that the agreement was compliant with the requirements of the Fair Work Act. Consequently, the Commission approved the application and the agreement.

In light of the findings, the Commission approved the AMWU, CEPU, and Simplot Australia Pty Ltd National Collective Agreement 2014-2017. The agreement was to be registered and would come into effect from the date of the Commission's decision. This approval ensured that the terms and conditions set out in the agreement would govern the employment relations between the parties involved, providing a framework for fair and equitable workplace practices.

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