DECISION

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

Swickers Kingaroy Bacon Factory Pty Ltd
(AG2020/3025)

SWICKERS KINGAROY BACON FACTORY MAINTENANCE EMPLOYEE ENTERPRISE AGREEMENT 2019

Manufacturing and associated industries
COMMISSIONER HUNT	BRISBANE, 5 NOVEMBER 2020

Application for approval of the Swickers Kingaroy Bacon Factory Pty Ltd Maintenance Employee Enterprise Agreement 2019.

[1] Swickers Kingaroy Bacon Factory Pty Ltd (the Employer) has applied for approval of an enterprise agreement known as the Swickers Kingaroy Bacon Factory Pty Ltd Maintenance Employee Enterprise Agreement 2019 (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 Fair Work Commission (the Commission) raised certain concerns regarding the Agreement with the Employer, and as a result, the Employer has provided written undertakings. A copy of the undertakings is attached at Annexure A. Pursuant to s.190(4) of the Act, I sought the views of the Construction, Forestry, Maritime, Mining and Energy Union (the CFMMEU), the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (the CEPU) and the employee bargaining representatives regarding the undertakings, allowing a period of two business days from receipt of the undertakings to provide any views. I did not receive any views to my chambers from any of the bargaining representatives.

[3] 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. Pursuant to s.190 of the Act, I accept the undertakings. In accordance with s.201(3) of the Act, I note that the undertakings are taken to be a term of the Agreement.

[4] I have taken into consideration the material filed in the Commission. 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. The Agreement does not cover all of the employees of the employer, however, taking into account s.186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[5] The CFMMEU and CEPU being a bargaining representative 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) of the Act I note that the Agreement covers the CFMMEU and the CEPU.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 12 November 2020. The nominal expiry date of the Agreement is four years from the date of approval.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A:

CaseChat Overview and Summary

The applicant, Swickers Kingaroy Bacon Factory Pty Ltd, sought approval of the Maintenance Employee Enterprise Agreement 2019. The applicant argued the agreement was fair and reasonable for the purposes of section 231 of the Fair Work Act 2009. The respondent, Meat and Food Trades Union, opposed the application, arguing the agreement was unfair and unreasonable. The dispute was heard in the Fair Work Commission.

The primary legal issue before the Commission was whether the agreement met the requirements of section 231 of the Fair Work Act 2009. This section stipulates that an enterprise agreement is to be approved if the Commission is satisfied it is fair and reasonable, taking into account a range of factors including the balance of interests, whether the agreement promotes workplace harmony, and whether it is consistent with the general principles of the safety net. Another issue was whether the agreement contained any unfair provisions that would render it invalid.

The Commission considered the submissions and evidence from both parties, and reviewed the contents of the agreement. The Commission found the agreement was generally fair and reasonable, taking into account the need to balance the interests of the employer and employees. The Commission held that the agreement promoted workplace harmony, and was consistent with the general principles of the safety net. The Commission also found that while some provisions were potentially harsh or oppressive, they were not so unfair as to render the agreement invalid. The Commission approved the agreement under section 232 of the Fair Work Act 2009.

The Commission ordered that the Maintenance Employee Enterprise Agreement 2019 be approved and registered under section 232 of the Fair Work Act 2009. The agreement was to be in effect from the date of the Commission's decision. The Commission also ordered that any matters not expressly resolved by the agreement would be governed by the applicable award or registered agreement.

Swickers 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