Sunbeam Foods Pty Ltd T/A Sunbeam Foods

[2021] FWCA 1401

[2021] FWCA 1401

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Sunbeam Foods Pty Ltd T/A Sunbeam Foods
(AG2021/3933)

SUNBEAM FOODS PTY LTD IRYMPLE METAL & ELECTRICAL TRADES EMPLOYEES COLLECTIVE AGREEMENT 2020

Manufacturing and associated industries
DEPUTY PRESIDENT YOUNG	MELBOURNE, 16 MARCH 2021

Application for approval of the Sunbeam Foods Pty Ltd Irymple Metal & Electrical Trades Employees Collective Agreement 2020.

[1] Sunbeam Foods Pty Ltd (the Employer) has made an application for approval of an enterprise agreement known as the Sunbeam Foods Pty Ltd Irymple Metal & Electrical Trades Employees Collective Agreement 2020 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement.

[2] The Notice of Representational Rights (NERR) was issued to employees more than 14 days after the notification time. The Employer did not provide employees with 7 clear days between notification of the time, place and method of voting and the commencement of the vote. Further, the incorporated Award was not provided to employees during the bargaining process. The Employer provided submissions regarding these errors. I am satisfied having regard to those submissions and the Full Bench decision in Huntsman Chemical Company Australia Pty Ltd T/A RMAX Rigid Cellular Plastics & Others 1 (Huntsman)that these errors constitute minor technical or procedural errors for the purposes s 188(2)(a) of Act. Further, I am satisfied that employees were not likely to have been disadvantaged by these errors.

[3] Accordingly, notwithstanding the matters identified in paragraph [2] above, I am satisfied that the Agreement has been genuinely agreed within the meaning of s 188(2).

[4] On the basis of the material contained in the application, and the accompanying statutory declaration and the additional information provided by the Employer, 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.

[5] I observe that clause 12.9 of the Agreement is likely to be inconsistent with the National Employment Standards (NES). However, noting clause 6.8 of the Agreement, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

[6] The Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union known as the Australian Manufacturing Workers' Union, being a bargaining representative for the Agreement, has given notice under s 183 of the Act that it seeks to be covered by the Agreement. In accordance with s 201(2) and based on the statutory declaration provided by the organisation, I note that the Agreement covers the organisation.

[7] The Agreement was approved on 16 March 2021 and, in accordance with s 54, will operate from 23 March 2021. The nominal expiry date of the Agreement is 1 October 2023.

DEPUTY PRESIDENT

 1   [2019] FWCFB 318

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