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

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, Sunbeam Foods Pty Ltd T/A Sunbeam Foods applied for approval of the Sunbeam Foods Enterprise Agreement 2020. The applicant is an employer operating in the food manufacturing industry, and the dispute revolves around the terms and conditions of employment for its employees, as outlined in the proposed agreement. The applicants sought to have the agreement approved under section 232 of the Fair Work Act 2009.

The legal issues before the Commission were whether the proposed agreement met the requirements for approval under the Fair Work Act, specifically whether it provided for a fair and efficient workplace, and whether it had been fairly and genuinely negotiated. The Commission needed to assess if the agreement contained the mandatory terms prescribed by the Act and whether it complied with the "better off overall test" as required by section 231 of the Fair Work Act.

The Commission examined the proposed agreement in detail, considering the terms and conditions, the bargaining process, and the overall impact on employees. The Commission found that the agreement provided for a fair and efficient workplace and had been genuinely negotiated. The agreement contained all the mandatory terms prescribed by the Act and met the "better off overall test." The Commission concluded that the proposed agreement would provide employees with better pay and conditions overall when compared to the applicable awards.

The Fair Work Commission approved the Sunbeam Foods Enterprise Agreement 2020. This decision recognises the agreement as a valid and legally binding document governing the terms and conditions of employment for the employees of Sunbeam Foods. The approval ensures that the agreement will be applied in the workplace, providing a stable and fair framework for both the employer and employees to operate within.

Sunbeam Foods Pty Ltd T/A Sunbeam Foods

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established