SPC Ardmona Operations Ltd

[2014] FWCA 6122

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

SPC Ardmona Operations Ltd
(AG2014/6952)

SPC ARDMONA OPERATIONS (FOOD PRESERVERS) KYABRAM SITE ENTERPRISE AGREEMENT 2014

Food, beverages and tobacco manufacturing industry
DEPUTY PRESIDENT KOVACIC	MELBOURNE, 4 SEPTEMBER 2014

Application for approval of the SPC Ardmona Operations (Food Preservers) Kyabram Site Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the SPC Ardmona Operations (Food Preservers) Kyabram Site Enterprise Agreement 2014 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by SPC Ardmona Operations Ltd. The Agreement is a single-enterprise agreement.

[2] Subject to concerns that have been addressed by way of undertakings, I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[3] As noted, pursuant to s.190(3), I have accepted undertakings from SPC Ardmona Operations Ltd. In accordance with s.191(1) of the Act the undertakings are taken to be a term of the Agreement. A copy of the undertakings are attached to this decision.

[4] 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) of the Act I note that the Agreement covers this organisation.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 11 September 2014. The nominal expiry date of the Agreement is 30 June 2015.

DEPUTY PRESIDENT

ATTACHMENT A

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the matter of SPC Ardmona Operations Ltd, the applicant, the Fair Work Commission was called upon to decide whether to approve the SPC Ardmona Operations (Food Preservers) Kyabram Site Enterprise Agreement 2014. This decision arose due to a submission by the applicant for approval of the agreement, which was entered into between the applicant company and the Food Preservers Union of Australia. The crux of the dispute centred on whether the agreement met the legal criteria for approval under the Fair Work Act 2009. Specifically, the Commission had to determine if the agreement was genuinely negotiated, free from any improper influence or coercion, and if it provided fair terms and conditions for employees.

The legal issues before the Commission were multifaceted. Firstly, it was necessary to ascertain whether the agreement had been genuinely negotiated between the parties. This involved examining the process through which the agreement was formed and whether it was free from any undue influence. Secondly, the Commission had to ensure that the agreement did not undermine the safety nets provided by the national system of industrial relations, such as minimum wage rates and other entitlements. Thirdly, the Commission needed to assess if the agreement met the requirements of the Fair Work Act concerning its registration and enforceability.

In rendering its decision, the Fair Work Commission meticulously reviewed the negotiation process and the content of the agreement. It was determined that the agreement had indeed been genuinely negotiated between the parties, free from any coercion. The Commission also found that the agreement did not undermine the safety nets of the national system of industrial relations and provided fair terms and conditions for employees. Consequently, the Commission approved the SPC Ardmona Operations (Food Preservers) Kyabram Site Enterprise Agreement 2014. This approval was grounded on the satisfaction of all legal criteria under the Fair Work Act 2009.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established