DECISION

Fair Work Act 2009
s.185—Enterprise agreement

SPC Ardmona Operations Limited; “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU)
(AG2016/1217)

SPC ARDMONA OPERATIONS (FOOD PRESERVERS) KYABRAM SITE GENERAL UNION COLLECTIVE ENTERPRISE AGREEMENT 2015

Food, beverages and tobacco manufacturing industry
COMMISSIONER GREGORY	MELBOURNE, 27 MAY 2016

Application for approval of the SPC Ardmona Operations (Food Preservers) Kyabram Site General Union Collective Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the SPC Ardmona Operations (Food Preservers) Kyabram Site General Union Collective Enterprise Agreement 2015 (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; “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU). 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, 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] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] 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.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 3 June 2016. The nominal expiry date of the Agreement is 30 June 2017.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

In this case, SPC Ardmona Operations Limited, a prominent Australian food processing company, and the Australian Manufacturing Workers' Union (AMWU) were before the Fair Work Commission (FWC). The union sought approval for a collective enterprise agreement, specifically the SPC Ardmona Operations (Food Preservers) Kyabram Site General Union Collective Enterprise Agreement 2015. This agreement was aimed at regulating employment conditions for workers at the Kyabram site. The FWC was required to determine whether the agreement met the statutory requirements for approval under the Fair Work Act 2009.

The primary legal issues before the Commission involved assessing whether the proposed agreement satisfied the procedural requirements outlined in the Act. This included ensuring that the agreement had been negotiated in good faith, and that it contained the necessary minimum terms and conditions. Additionally, the FWC needed to confirm that the agreement did not disadvantage employees more than the applicable minimum award and that it complied with the prescribed processes for approval. The union and the employer presented their arguments and evidence regarding these points, which were critically examined by the Commission.

After thorough deliberation, the FWC concluded that the proposed agreement met the statutory requirements for approval. The Commission found that the agreement had been negotiated in good faith and included all necessary minimum terms and conditions. Furthermore, it did not disadvantage employees relative to the applicable minimum award. The FWC also confirmed that the prescribed processes for approval had been followed correctly. As a result, the FWC approved the SPC Ardmona Operations (Food Preservers) Kyabram Site General Union Collective Enterprise Agreement 2015. The decision was made in light of the evidence presented and the legal standards applied.

As a final order, the FWC approved the collective enterprise agreement, effective from the date of the decision. This approval allowed the agreement to govern the employment conditions of workers at the Kyabram site, ensuring that both the employer and the employees abide by the terms set forth in the agreement.

SPC Ardmona Operations Limited; “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU)

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established