Sunbeam Foods Pty Ltd T/A Sunbeam Foods

[2014] FWCA 8532

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Sunbeam Foods Pty Ltd T/A Sunbeam Foods
(AG2014/8098)

SUNBEAM FOODS ENTERPRISE AGREEMENT 2014

Food, beverages and tobacco manufacturing industry
DEPUTY PRESIDENT KOVACIC	MELBOURNE, 27 NOVEMBER 2014

Application for approval of the Sunbeam Foods Enterprise Agreement 2014.

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

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 4 December 2014. The nominal expiry date of the Agreement is 1 October 2017.

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 the approval of the Sunbeam Foods Enterprise Agreement 2014. The dispute centred around the terms and conditions of employment for employees within the enterprise, focusing particularly on wage rates and other employment conditions. The Commission was tasked with determining whether the agreement met the legal standards set out in the Fair Work Act 2009.

The primary legal issues before the Commission were whether the agreement provided for terms and conditions of paramount importance that were no less favourable than the applicable modern awards, and whether the agreement contained a process for the resolution of any disputes that might arise during its operation. Additionally, the Commission had to assess whether the agreement was made in good faith and whether it had been properly negotiated. The fairness and potential impact of the agreement's terms on the employees' rights and protections were also scrutinised.

Upon reviewing the evidence and submissions, the Commission found that the agreement did indeed meet the legal requirements. The terms and conditions of employment were considered to be no less favourable than those provided by the relevant modern awards, and the dispute resolution process was deemed adequate. The Commission was satisfied that the agreement had been negotiated in good faith and that it did not adversely affect the employees' rights or protections. Consequently, the Fair Work Commission approved the Sunbeam Foods Enterprise Agreement 2014, recognising it as meeting the statutory criteria for approval.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established