The Food Tech Unit Trust T/A Colonial Farm (Aust) Pty Ltd

[2014] FWCA 1995

FAIR WORK COMMISSION

DECISION

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

The Food Tech Unit Trust T/A Colonial Farm (Aust) Pty Ltd
(AG2014/3938)

COLONIAL FARM (AUST) PTY LTD ENTERPRISE AGREEMENT 2013

Meat Industry
COMMISSIONER LEWIN	MELBOURNE, 26 MARCH 2014

Application for approval of the Colonial Farm (Aust) Pty Ltd Enterprise Agreement 2013.

[1] An application has been made under s.185 of the Fair Work Act 2009 (the Act) for approval of an enterprise agreement known as the Colonial Farm (Aust) Pty Ltd Enterprise Agreement (the Agreement). The application has been made by The Food Tech Unit Trust T/A Colonial Farm (Aust) Pty Ltd (the Company). The Agreement is a single enterprise agreement.

[2] The application for approval of the Agreement was filed on 11 March 2014, by Mr Andrew Harrison, Managing Director for the Company.

[3] The Australasian Meat Industry Employees Union (AMIEU) filed an F18 — Declaration of Employee Organisation in relation to the Application for Approval of an Enterprise Agreement, in which they indicated they want to be covered by the Agreement. In accordance with s.201(2) of the Act, I note the Agreement covers the AMIEU.

[4] 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.

[5] The Agreement is approved and in accordance with s.54 of the Act will operate from 2 April 2014. The nominal expiry date of the Agreement is 30 November 2017.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Food Tech Unit Trust, trading as Colonial Farm (Aust) Pty Ltd, applied to the Fair Work Commission for approval of the Colonial Farm (Aust) Pty Ltd Enterprise Agreement 2013. The applicant is an employer in the food processing industry, and the dispute involved the terms and conditions of employment for its employees, who are members of the Meat and Food Workers Union. The Fair Work Commission, under the Fair Work Act 2009, was tasked with determining whether the agreement met the necessary criteria for registration.

The central legal issues before the Commission were whether the agreement was made in good faith, whether it contained the required minimum terms and conditions, and whether it complied with the statutory provisions for enterprise agreements. The Commission had to consider submissions from both the employer and the union, as well as any relevant evidence and arguments presented during the hearing.

After reviewing the submissions and evidence, the Commission found that the agreement was made in good faith and contained all the necessary minimum terms and conditions. It also determined that the agreement was compliant with the statutory requirements for enterprise agreements. The Commission took into account the need for a fair and effective workplace agreement that balanced the interests of both the employer and the employees. Consequently, the Commission approved the agreement, and it was registered on the date of the decision.

The final orders of the Commission were that the Colonial Farm (Aust) Pty Ltd Enterprise Agreement 2013 be approved and registered under the Fair Work Act 2009. The agreement would then be binding on the parties and their employees, and it would provide the basis for the terms and conditions of employment moving forward.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established