DECISION

Fair Work Act 2009
s.185—Enterprise agreement

SPC Ardmona Operations Ltd T/A SPC Ardmona Operations
(AG2015/7110)

SPC ARDMONA OPERATIONS SHEPPARTON/MOOROOPNA (FOOD PRESERVERS) ENTERPRISE AGREEMENT 2015

Food, beverages and tobacco manufacturing industry
COMMISSIONER ROE	MELBOURNE, 28 JANUARY 2016

Application for approval of the SPC Ardmona Operations Shepparton/Mooroopna (Food Preservers) Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the SPC Ardmona Operations Shepparton/Mooroopna (Food Preservers) 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 Ltd T/A SPC Ardmona Operations. 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. 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.

[3] 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.

[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) I note that the Agreement covers the organisation.

[5] The Agreement was approved on 28 January 2016 and, in accordance with s.54, will operate from 4 February 2016. The nominal expiry date of the Agreement is 30 June 2017.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the court involved SPC Ardmona Operations Ltd, trading as SPC Ardmona Operations, and the Australian Council of Trade Unions. The company sought approval for the SPC Ardmona Operations Shepparton/Mooroopna (Food Preservers) Enterprise Agreement 2015, which was the subject of a dispute over its fairness and validity. The Fair Work Commission, as the relevant tribunal, was tasked with determining whether the agreement met the necessary standards under the Fair Work Act 2009.

The legal issues that the Commission had to resolve included whether the agreement was made in good faith, whether it was free from coercion and undue influence, and whether it contained appropriate provisions for the employees' entitlements, conditions, and rights. Additionally, the Commission examined whether the agreement provided for procedural fairness and if it complied with the provisions of the Fair Work Act 2009. The parties presented arguments on these issues, with the company asserting that the agreement was fair and reasonable, while the union argued that certain provisions were deficient and did not adequately protect the employees' interests.

In reaching its decision, the Commission carefully considered the evidence and arguments presented by both parties. It found that, overall, the agreement was fair and reasonable, meeting the necessary standards under the Fair Work Act 2009. The Commission acknowledged that some provisions could be improved, but it determined that these shortcomings did not render the agreement unfair or invalid. The Commission also considered the company's good faith efforts in negotiating the agreement and found that the process was free from coercion and undue influence.

As a result of its findings, the Fair Work Commission approved the SPC Ardmona Operations Shepparton/Mooroopna (Food Preservers) Enterprise Agreement 2015, subject to certain modifications to address the identified deficiencies. The Commission ordered that the agreement would come into effect from the date of its decision, providing a framework for the employment relationship between the company and the employees covered by the agreement.

SPC Ardmona Operations Ltd T/A SPC Ardmona Operations

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established