DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Spring Gully Foods Pty Ltd
(AG2017/5963)

SPRING GULLY FOODS PTY LTD ENTERPRISE AGREEMENT 2017

Food, beverages and tobacco manufacturing industry
DEPUTY PRESIDENT MASSON	MELBOURNE, 16 APRIL 2018

Application for approval of the Spring Gully Foods Pty Ltd Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Spring Gully Foods Pty Ltd 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 Spring Gully Foods Pty 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.

[4] The National Union of Workers 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 is approved and, in accordance with s.54 of the Act, will operate from 23 April 2018. The nominal expiry date of the Agreement is 30 June 2020.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The matter before the court involved an application by Spring Gully Foods Pty Ltd to gain approval for the Spring Gully Foods Pty Ltd Enterprise Agreement 2017. The applicant sought to ensure that the proposed agreement would be binding on the employees of the company and its subsidiaries. The Fair Work Commission was the court that heard and decided the application. The primary legal issues centred around whether the proposed agreement complied with the relevant provisions of the Fair Work Act 2009 and the Fair Work Regulations 2009, particularly concerning the terms and conditions of employment, procedural fairness, and the process of negotiation.

The Fair Work Commission examined the negotiation process and the terms of the proposed agreement in detail. It was crucial to ascertain whether the agreement had been made in good faith, involved genuine bargaining, and met the statutory requirements for approval. The Commission considered whether the agreement contained all the mandatory terms and conditions specified by the legislation and whether it adhered to the prescribed procedural standards. Additionally, the Commission assessed the potential impact of the agreement on the employees' rights and protections.

In its decision, the Fair Work Commission concluded that the proposed agreement was in compliance with the relevant legislative requirements. The Commission found that the negotiation process had been conducted in good faith and that the terms of the agreement were fair and reasonable. The Commission approved the Spring Gully Foods Pty Ltd Enterprise Agreement 2017, thereby ensuring its enforceability and binding nature for the employees of the company and its subsidiaries. The Commission's decision was based on the comprehensive evidence provided and the thorough analysis of the agreement's terms and the negotiation process.

Spring Gully Foods Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established