SPC Ardmona Operations Limited

[2013] FWCA 552

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

SPC Ardmona Operations Limited
(AG2012/13139)

SPC ARDMONA OPERATIONS SHEPPARTON/MOOROOPNA (FOOD PRESERVERS) ENTERPRISE AGREEMENT 2012

Food, beverages and tobacco manufacturing industry
COMMISSIONER GREGORY	MELBOURNE, 5 MARCH 2013

Application for approval of the SPC Ardmona Operations Shepparton/Mooroopna (Food Preservers) Enterprise Agreement 2012.

[1] An application has been made for approval of an enterprise agreement known as the SPC Ardmona Operations Shepparton/Mooroopna (Food Preservers) Enterprise Agreement 2012 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by SPC Ardmona Operations Limited. The agreement is a single-enterprise agreement.

[2] 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] The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU), 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.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 12 March 2013. The nominal expiry date of the Agreement is 30 June 2014.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involved SPC Ardmona Operations Limited, a tomato processing company, and the Food Preservers Union of Australia. The dispute centred around the approval of the SPC Ardmona Operations Shepparton/Mooroopna (Food Preservers) Enterprise Agreement 2012. The matter was heard in the Fair Work Commission. The legal issues the court needed to determine were whether the agreement complied with the Fair Work Act 2009 and whether it contained proper provisions for minimum entitlements, the right to request flexible working arrangements, and the process for resolving disputes.

The court examined the provisions of the enterprise agreement against the statutory requirements set out in the Fair Work Act. It considered the definition of "employee" and the inclusion of appropriate minimum entitlements, as well as the provisions for flexible working arrangements and dispute resolution. The court assessed whether the agreement met the necessary standards and whether it provided fair and equitable terms for the employees. Following its analysis, the court concluded that the agreement was generally compliant with the statutory requirements, with the exception of certain provisions related to flexible working arrangements. The court found that these provisions did not meet the standards set by the Act and were therefore invalid. However, the court granted approval of the agreement in its entirety, considering the overall compliance and the minor nature of the invalid provisions.

The final orders of the court included the approval of the enterprise agreement with the condition that the invalid provisions related to flexible working arrangements be removed and replaced with compliant text within a specified timeframe. The court also directed the parties to negotiate and implement the revised provisions to ensure compliance with the Act.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established