Sunbeam Foods Pty Ltd T/A Sunbeam Foods

[2021] FWCA 1031

[2021] FWCA 1031

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Sunbeam Foods Pty Ltd T/A Sunbeam Foods
(AG2021/359)

SUNBEAM FOODS ENTERPRISE AGREEMENT 2020

Food, beverages and tobacco manufacturing industry
COMMISSIONER HARPER-GREENWELL	MELBOURNE, 25 FEBRUARY 2021

Application for approval of the Sunbeam Foods Enterprise Agreement 2020.

[1] An application has been made for approval of an enterprise agreement known as the Sunbeam Foods Enterprise Agreement 2020 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Sunbeam Foods Pty Ltd T/A Sunbeam Foods. 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] The Employer provided the last Notice of Employee Representational Rights (NOERR) to employees 50 days after notification time, more than the 14 days prescribed by s.173(3) of the Act. They also did not notify employees of the method of voting seven clear days before the commencement of the voting process. Nevertheless, in the circumstances, I am satisfied that these constitute a minor procedural or technical error for the purposes of s.188(2)(a). Further, having regard to the content of the declaration I am satisfied that the employees covered by the agreement were not likely to have been disadvantaged by these errors. As a result, I am satisfied that the Agreement has been genuinely agreed within the meaning of s.188(2) of the Act.

[4] The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) and The Australian Workers’ Union (AWU) being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) I note that the Agreement covers the organisations.

[5] The Agreement was approved on 25 February 2021 and, in accordance with s.54, will operate from 4 March 2021. The nominal expiry date of the Agreement is 1 October 2022.

COMMISSIONER

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