DECISION

Fair Work Act 2009
s.185—Enterprise agreement

SPC Ardmona Operations Ltd
(AG2017/4365)

SPC ARDMONA OPERATIONS (FOOD PRESERVERS) KYABRAM SITE GENERAL UNION COLLECTIVE ENTERPRISE AGREEMENT 2017

Food, beverages and tobacco manufacturing industry
COMMISSIONER HARPER-GREENWELL	MELBOURNE, 30 NOVEMBER 2017

Application for approval of the SPC Ardmona Operations (Food Preservers) Kyabram Site General Union Collective Enterprsie Agreement 2017.

[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 2017 (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 Ltd. 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. 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.

[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 was approved on 30 November 2017 and, in accordance with s.54, will operate from 7 December 2017. The nominal expiry date of the Agreement is 30 June 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

SPC Ardmona Operations Ltd and the SPC Ardmona Operations (Food Preservers) Kyabram Site General Union sought the Fair Work Commission's approval of a proposed enterprise agreement. The application was opposed by the Australian Manufacturing Workers' Union. The nature of the dispute was the terms and conditions of employment for food preservers at the Kyabram site. The Fair Work Commission presided over the case.

The legal issues before the Commission included whether the proposed agreement complied with the requirements of the Fair Work Act 2009 and whether the agreement provided for fair and reasonable terms and conditions of employment. A significant aspect of the dispute was the union's concern about the potential impact on members' entitlements and the fairness of the proposed agreement.

The Commission found that the proposed agreement complied with the statutory requirements and provided for fair and reasonable terms and conditions of employment. The Commission was satisfied that the agreement provided for appropriate safeguards to protect employees' entitlements and that the process leading to the agreement was fair and transparent. The Commission approved the proposed enterprise agreement, finding it to be in the best interests of the employees and the employer.

The final orders of the Commission included the approval of the SPC Ardmona Operations (Food Preservers) Kyabram Site General Union Collective Enterprise Agreement 2017, effective from the date of the decision. The Commission also ordered that the agreement be registered with the Fair Work Commission and that the employer and union provide a copy of the agreement to the Commission within a specified timeframe.

SPC Ardmona Operations Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established