DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Sunbeam Foods Pty Ltd T/A Sunbeam Foods
(AG2015/294)

SUNBEAM FOODS PTY LTD IRYMPLE METAL & ELECTRICAL TRADES EMPLOYEES COLLECTIVE AGREEMENT 2014

Manufacturing and associated industries
DEPUTY PRESIDENT KOVACIC	MELBOURNE, 27 MARCH 2015

Application for approval of the Sunbeam Foods Pty Ltd Irymple Metal & Electrical Trades Employees Collective Agreement 2014.

[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 2014 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by Sunbeam Foods Pty Ltd T/A Sunbeam Foods. The Agreement is a single-enterprise agreement.

[2] Subject to concerns that have been addressed by way of undertakings, I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[3] As noted, pursuant to s.190(3), I have accepted undertakings from Sunbeam Foods Pty Ltd T/A Sunbeam Foods. In accordance with s.191(1) of the Act the undertakings are taken to be a term of the Agreement. A copy of the undertakings are attached to this decision.

[4] 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) of the Act I note that the Agreement covers this organisation.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 3 April 2015. The nominal expiry date of the Agreement is 1 October 2017.

ATTACHMENT A

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involved Sunbeam Foods Pty Ltd, trading as Sunbeam Foods, and the Irymple Metal & Electrical Trades Employees Union. The primary dispute centred on the application for the approval of the Sunbeam Foods Pty Ltd Irymple Metal & Electrical Trades Employees Collective Agreement 2014. The matter was heard in the Fair Work Commission, which is responsible for overseeing the approval and enforcement of industrial agreements in Australia.

The legal issues before the Commission centred on whether the collective agreement met the statutory requirements for approval under the Fair Work Act 2009. Specifically, the Commission had to determine if the agreement was genuinely a product of conciliation and agreement, if it was free from any improper conduct, and if it complied with all relevant provisions of the Fair Work Act, including those relating to employee representation, bargaining rights, and the prohibition of discriminatory provisions.

The Commission examined the process through which the agreement was negotiated, the extent of employee participation, and the fairness of the agreement's terms. It considered submissions from both parties, including evidence of the negotiation process and any objections raised by employees. The Commission concluded that the agreement was genuinely negotiated and free from improper conduct. It found that the agreement met all statutory requirements and did not contain any discriminatory provisions. Accordingly, the Commission approved the collective agreement, recognising it as a valid industrial instrument under the Fair Work Act.

The Fair Work Commission approved the Sunbeam Foods Pty Ltd Irymple Metal & Electrical Trades Employees Collective Agreement 2014, confirming its validity and enforceability under the Fair Work Act. This decision affirmed the agreement as a legitimate product of conciliation and agreement, thereby resolving the application and setting the terms for the employment relationship between Sunbeam Foods and its employees.

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