DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Sunbeam Foods Pty Ltd T/A Sunbeam Foods
(AG2018/2767)

SUNBEAM FOODS PTY LTD IRYMPLE METAL & ELECTRICAL TRADES EMPLOYEES COLLECTIVE AGREEMENT 2017

Manufacturing and associated industries
DEPUTY PRESIDENT MASSON	MELBOURNE, 9 AUGUST 2018

Application for approval of the Sunbeam Foods Pty Ltd Irymple Metal & Electrical Trades Employees Collective Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Sunbeam Foods Pty Ltd Irymple Metal & Electrical Trades Employees Collective 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 Sunbeam Foods Pty Ltd T/A Sunbeam Foods. The Agreement is a single enterprise agreement.

[2] The Employer 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] 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.

[5] 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.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 16 August 2018. The nominal expiry date of the Agreement is 1 October 2020.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Sunbeam Foods Pty Ltd, trading as Sunbeam Foods, applied to the Fair Work Commission for approval of the Irymple Metal & Electrical Trades Employees Collective Agreement 2017. The dispute centred around whether the agreement was appropriate for registration under the Fair Work Act 2009. The nature of the agreement and its compliance with the statutory requirements were central to the application.

The court was tasked with determining whether the agreement met the criteria for approval, including ensuring it did not undermine the provisions of the Fair Work Act. Key issues included whether the agreement appropriately balanced the interests of both employers and employees, and if it adhered to the principles of good faith bargaining. The court also had to assess whether the agreement contained terms that were fair and reasonable, and if it was genuinely negotiated.

The Fair Work Commission, in assessing the agreement, found that it met the requirements of the Fair Work Act. The court held that the agreement was appropriately negotiated and balanced the interests of both parties. It further found that the agreement contained terms that were fair and reasonable, and did not undermine the provisions of the Act. As a result, the Commission approved the agreement for registration.

The final orders of the Commission included the approval of the Irymple Metal & Electrical Trades Employees Collective Agreement 2017, with specific conditions to ensure ongoing compliance with the Fair Work Act. The decision was made in favour of Sunbeam Foods, allowing the agreement to proceed to registration.

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