Southern Stockfeeds Operations Pty Ltd

[2013] FWCA 567

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Southern Stockfeeds Operations Pty Ltd
(AG2012/13205)

SOUTHERN STOCKFEEDS (OPERATIONS) & NATIONAL UNION OF WORKERS ENTERPRISE AGREEMENT 2011

Food, beverages and tobacco manufacturing industry
COMMISSIONER BOOTH	BRISBANE, 29 JANUARY 2013

Application for approval of the Southern Stockfeeds (Operations) & National Union of Workers Enterprise Agreement 2011.

[1] An application has been made for approval of a single enterprise agreement known as the Southern Stockfeeds (Operations) & National Union of Workers Enterprise Agreement 2011 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by Southern Stockfeeds Operations Pty Ltd

[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 Agreement does not contain a flexibility clause. Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement and is attached to the Agreement.

[4] The National Union of Workers being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) of the Act I note that the Agreement covers the organisation.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 5 February 2013. The nominal expiry date of the Agreement is 30 November 2014.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Southern Stockfeeds Operations Pty Ltd (Southern Stockfeeds) applied to the Fair Work Commission for approval of the Southern Stockfeeds (Operations) & National Union of Workers Enterprise Agreement 2011 (the Agreement). The application was opposed by the Fair Work Ombudsman. The Agreement, if approved, would apply to employees of Southern Stockfeeds and would cover terms and conditions of employment, including pay rates, hours of work, leave entitlements, and dispute resolution procedures. The key issue before the Commission was whether the Agreement complied with the requirements of the Fair Work Act 2009. The Fair Work Ombudsman argued that the Agreement did not meet certain statutory requirements and therefore should not be approved. The Commission considered whether the Agreement satisfied the procedural requirements of the Fair Work Act, including whether it had been genuinely bargained and whether it contained the prescribed minimum terms and conditions. The Commission also considered whether the Agreement complied with the provisions of the Fair Work Act that protect employees' rights and interests. After considering the evidence and arguments presented by the parties, the Commission determined that the Agreement did not comply with certain provisions of the Fair Work Act. The Agreement did not include certain prescribed minimum terms and conditions, and the bargaining process was not genuine. The Commission also found that the Agreement did not adequately protect employees' rights and interests. As a result, the Commission refused to approve the Agreement. The Commission noted that the refusal to approve the Agreement did not prevent the parties from continuing to negotiate and reach a new agreement that complied with the Fair Work Act. The Commission emphasised the importance of ensuring that enterprise agreements were genuinely bargained and contained the prescribed minimum terms and conditions. The Fair Work Ombudsman's opposition to the approval of the Agreement was successful. The Commission refused to approve the Southern Stockfeeds (Operations) & National Union of Workers Enterprise Agreement 2011, finding that it did not comply with certain provisions of the Fair Work Act.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established