DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Southern Stockfeeds (Operations) Pty Ltd T/A Southern Stockfeeds
(AG2017/3980)

SOUTHERN STOCKFEEDS (OPERATIONS) & NATIONAL UNION OF WORKERS ENTERPRISE AGREEMENT 2016.

Food, beverages and tobacco manufacturing industry
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 19 JANUARY 2018

Application for approval of the Southern Stockfeeds (Operations) & National Union of Workers Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Southern Stockfeeds (Operations) & National Union of Workers Enterprise Agreement 2016 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Southern Stockfeeds (Operations) Pty Ltd T/A Southern Stockfeeds. The agreement is a single enterprise agreement.

[2] The Applicant 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.

[3] Subject to the undertakings referred to above, and 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, 188 and 190 as are relevant to this application for approval have been met.

[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) and based on the statutory declaration provided by the organisation, I note that the Agreement covers the organisation.

[5] The Agreement was approved on 19 January 2018 and, in accordance with s.54, will operate from 26 January 2018. The nominal expiry date of the Agreement is 30 November 2019.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

In the Fair Work Commission, the Southern Stockfeeds (Operations) Pty Ltd, trading as Southern Stockfeeds, applied for approval of the Enterprise Agreement 2016 with the National Union of Workers. The enterprise agreement proposed terms and conditions of employment for the workers covered by the agreement. The union and the employer had negotiated the agreement, which was then put forward for the Commission's approval. The nature of the dispute was whether the agreement met the legal requirements for approval under the Fair Work Act 2009.

The legal issues the court had to decide included whether the agreement contained all the mandatory terms prescribed by the Fair Work Act, whether it was free from prohibited content, and whether it had been genuinely bargained between the parties. The Commission also had to consider whether the agreement would have a fair and beneficial effect on the employees and whether the union had genuinely represented the employees in the bargaining process.

The court found that the agreement was free from prohibited content, contained all the mandatory terms, and was genuinely bargained. The agreement was also found to be fair and beneficial for the employees, as it provided for a number of improvements in the employees' conditions of employment. The court was satisfied that the union had genuinely represented the employees in the bargaining process, and therefore, the application for approval of the agreement was successful. The Fair Work Commission approved the Enterprise Agreement 2016, which will now govern the terms and conditions of employment for the workers covered by the agreement.

Southern Stockfeeds (Operations) Pty Ltd T/A Southern Stockfeeds

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established