DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Sunbeam Foods Pty Ltd T/A Sunbeam Foods
(AG2018/1407)

SUNBEAM FOODS ENTERPRISE AGREEMENT 2017

Food, beverages and tobacco manufacturing industry
COMMISSIONER WILSON	MELBOURNE, 29 JUNE 2018

Application for approval of the Sunbeam Foods Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Sunbeam Foods 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 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.

[3] The Australian Workers’ Union and the “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) 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.

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

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Sunbeam Foods Pty Ltd, trading as Sunbeam Foods, brought an application before the Fair Work Commission to seek approval for the Sunbeam Foods Enterprise Agreement 2017. The agreement was intended to govern the employment conditions of the company’s employees. The dispute arose from the procedural and substantive fairness of the agreement and whether it complied with the requirements of the Fair Work Act 2009.

The primary legal issues before the Commission were whether the agreement was genuinely bargained and if it provided for fair and reasonable terms and conditions of employment. This included assessing whether the agreement had been negotiated in good faith, whether it included minimum entitlements mandated by the Fair Work Act, and whether the agreement was appropriately communicated to and understood by the employees. Additionally, the Commission examined if the agreement included any unfair provisions that might be considered contrary to the public interest.

In its decision, the Fair Work Commission determined that the Sunbeam Foods Enterprise Agreement 2017 was genuinely negotiated and provided for fair and reasonable terms and conditions. The Commission found that the agreement was made in good faith and that it included all the mandated minimum entitlements. Furthermore, it was established that the agreement had been adequately communicated to the employees, who had a reasonable opportunity to understand its contents. The Commission also concluded that there were no unfair provisions in the agreement that would be contrary to the public interest.

Consequently, the Fair Work Commission approved the Sunbeam Foods Enterprise Agreement 2017, endorsing its provisions and terms for the employees of Sunbeam Foods.

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