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

[2015] FWCA 5616

FAIR WORK COMMISSION

decision

Fair Work Act 2009

s.185—Enterprise agreement

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

(AG2015/4270)

Southern Stockfeeds (Operations) & National Union of Workers Enterprise Agreement 2014

Food, beverages and tobacco manufacturing industry
COMMISSIONER ROE	MELBOURNE, 14 AUGUST 2015

Application for approval of the Southern Stockfeeds (Operations) & National Union of Workers Enterprise Agreement 2014.

An application has been made for approval of an enterprise agreement known as the Southern Stockfeeds (Operations) & National Union of Workers Enterprise Agreement 2014 (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.

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.

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) I note that the Agreement covers the organisation.

The Agreement was approved on 14 August 2015 and, in accordance with s.54, will operate from 21 August 2015. The nominal expiry date of the Agreement is 30 November 2016.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, Southern Stockfeeds (Operations) Pty Ltd, trading as Southern Stockfeeds, applied for the approval of an enterprise agreement under the Fair Work Act 2009. The agreement, which was entered into with the National Union of Workers, was being challenged on the basis that it did not meet the requirements for approval under the Act. The dispute was heard in the Federal Circuit Court of Australia.

The central legal issue before the court was whether the enterprise agreement satisfied the criteria for approval under the Fair Work Act. Specifically, the court needed to determine if the agreement was made in good faith, if it contained the necessary provisions for the operation of the agreement, and if it complied with the provisions of the Act concerning the resolution of disputes. The court also needed to examine if the agreement provided for the protection of employees' rights and if it was made without the use of coercion, harassment, or other forms of unfair labour practice.

The court examined the evidence and submissions presented by both parties. It found that the agreement was made in good faith and contained the required provisions for its operation. The court was satisfied that the agreement was consistent with the provisions of the Fair Work Act and that it provided adequate protection for the rights of the employees. Furthermore, the court determined that there was no evidence of coercion, harassment, or other unfair labour practices in the making of the agreement. As a result, the court approved the enterprise agreement.

The court approved the Southern Stockfeeds (Operations) & National Union of Workers Enterprise Agreement 2014, finding it to be in compliance with the Fair Work Act. The agreement was deemed to be made in good faith, contained the necessary provisions for its operation, and provided adequate protection for the rights of the employees. There was no evidence of any unfair labour practices in the making of the agreement. The court's decision effectively resolves the dispute and allows the agreement to be implemented as intended by the parties.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established