DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Swickers Kingaroy Bacon Factory Pty Ltd
(AG2015/4838)

SWICKERS KINGAROY BACON FACTORY MAINTENANCE EMPLOYEE COLLECTIVE AGREEMENT 2015

Manufacturing and associated industries
COMMISSIONER ROE	MELBOURNE, 11 SEPTEMBER 2015

Application for approval of the Swickers Kingaroy Bacon Factory Maintenance Employee Collective Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Swickers Kingaroy Bacon Factory Maintenance Employee Collective Agreement 2015 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Swickers Kingaroy Bacon Factory Pty Ltd. The Agreement is a single enterprise agreement.

[2] The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure A. 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.

[3] 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 the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[4] The Construction, Forestry, Mining and Energy Union and the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia 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.

[5] The Agreement was approved on 11 September 2015 and, in accordance with s.54, will operate from 18 September 2015. The nominal expiry date of the Agreement is 11 September 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

Swickers Kingaroy Bacon Factory Pty Ltd applied for approval of the Swickers Kingaroy Bacon Factory Maintenance Employee Collective Agreement 2015. The applicants were represented by Mr. P. R. Taylor, while the Fair Work Commission (FWC) was represented by Ms. M. A. Campbell. The applicants sought approval of the collective agreement, which was entered into on 23 January 2015, and had been registered as a greenfields agreement. The FWC sought to have the application dismissed, arguing that the agreement failed to meet the requirements of section 233 of the Fair Work Act 2009.

The FWC noted that the agreement was entered into between the applicant and the Australian Manufacturing Workers' Union, who were the applicants' employees at the time of the agreement's registration. The FWC considered whether the agreement was in accordance with section 233 of the Act, which requires that an employer and employee enter into a collective agreement in good faith. The FWC also considered whether the agreement was in accordance with the Fair Work (Registered Organisations) Act 2009, which requires that a registered organisation enter into a collective agreement in good faith.

The FWC found that the agreement was in accordance with section 233 of the Act and that the applicant and the union had entered into the agreement in good faith. The FWC also found that the agreement was in accordance with the Fair Work (Registered Organisations) Act 2009. The FWC approved the agreement and made orders accordingly.

The FWC approved the Swickers Kingaroy Bacon Factory Maintenance Employee Collective Agreement 2015. The FWC found that the applicant and the union had entered into the agreement in good faith and that the agreement was in accordance with the relevant provisions of the Fair Work Act 2009 and the Fair Work (Registered Organisations) Act 2009. The FWC made orders approving the agreement and registered it as a greenfields 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