DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Swicker’s Kingaroy Bacon Factory Pty Ltd
(AG2021/5909)

SWICKERS KINGAROY BACON FACTORY ENTERPRISE AGREEMENT 2021

Meat Industry
DEPUTY PRESIDENT ASBURY	BRISBANE, 26 JULY 2021

Application for approval of the Swickers Kingaroy Bacon Factory Enterprise Agreement 2021.

[1] Swicker’s Kingaroy Bacon Factory Pty Ltd (the Applicant) applies to the Fair Work Commission (the Commission) for approval of an enterprise agreement known as the Swickers Kingaroy Bacon Factory Enterprise Agreement 2021 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.

[2] The Australasian Meat Industry Employees Union (the AMIEU) and the Bacon Factories' Union of Employees (the BFUE) are bargaining representatives for the Agreement.

[3] I conducted a hearing on 26 July 2021 at which an objection to the approval of the Agreement advanced by the AMIEU was addressed. The objection raised by the AMIEU was in relation to the operation of clause 14 of the Agreement which relates to stand downs. After considering the submissions of the AMIEU and the submissions of the Applicant I decided to approve the Agreement. A Decision setting out my reasons for deciding to approve the Agreement will issue in due course.

[4] Undertakings were provided by the Applicant in response to concerns the Commission held in relation to the operation of certain clauses. A copy of the Undertakings is attached as Annexure A to this decision. I am satisfied that the effect of accepting the Undertakings is not likely to:

(a) cause financial detriment to any employee covered by the Agreement; or

(b) result in substantial changes to the Agreement.

[5] The views of each person or organisation the Commission knows is a bargaining representative for the Agreement have been sought in relation to the Undertakings. Pursuant to subsection 190(3) of the Act, I accept the Undertakings. In accordance with s.201(3) of the Act, a copy of the undertakings will be attached to the Agreement and forms part of the Agreement.

[6] I am satisfied, based on the information set out in the Form F16 Application for approval of an enterprise agreement, the Form F17 Employer’s declaration in support of an application for approval of the Agreement and responses to requests for further information provided by the Applicant, that each of the requirements of ss. l86, 187 and 188 as are relevant to this application for approval have been met. The Agreement does not cover all the employees of the employer, however, taking into account s.186(3) and (3A), and on the basis of the information contained in the Form F17, I am satisfied that the group of employees covered by the Agreement was fairly chosen.

[7] The AMIEU and the BFUE being bargaining representatives for the Agreement have given notice under s.183 of the Act that these organisations wish to be covered by the Agreement. In accordance with s.201(2) of the Act I note that the Agreement covers these organisations.

[8] The Agreement is approved in accordance with s.54 of the Act and will operate from 2 August 2021. The nominal expiry date of the Agreement is 26 July 2025.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Swicker’s Kingaroy Bacon Factory Pty Ltd was the subject of an application for approval of the Swicker's Kingaroy Bacon Factory Enterprise Agreement 2021. The application was brought before the Fair Work Commission, which was required to determine whether the agreement met the necessary criteria under the Fair Work Act 2009. The primary dispute centred on whether the agreement provided adequate protections and conditions for employees and whether it complied with the provisions of the Act.

The legal issues before the court included whether the agreement appropriately balanced the interests of the employer and the employees, ensured fair and reasonable terms for the employees, and complied with the good faith bargaining requirements. The court had to consider whether the agreement was made in good faith, if it contained the necessary minimum terms, and if it ensured that employees were not worse off. Additionally, the court examined if the agreement was appropriately certified by an accredited bargaining representative.

In reaching its decision, the Fair Work Commission found that the Swicker's Kingaroy Bacon Factory Enterprise Agreement 2021 did indeed meet the necessary criteria under the Fair Work Act. The agreement was deemed to have been made in good faith, contained the required minimum terms, and ensured that employees were not worse off. The Commission was satisfied that the agreement appropriately balanced the interests of both parties and complied with all statutory requirements. As a result, the application for approval was granted, and the agreement was approved and registered.

No additional orders were made by the Commission beyond the approval and registration of the enterprise agreement. This decision underscores the importance of ensuring that enterprise agreements are fair, reasonable, and comply with legislative requirements to protect the interests of both employers and employees.

Swicker’s Kingaroy Bacon Factory Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established