DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Vesco Foods Pty Ltd T/A Vesco Foods
(AG2017/2270)

VESCO FOODS PTY LTD (PRODUCTION EMPLOYEES, WESTERN AUSTRALIA) ENTERPRISE AGREEMENT 2017

Food, beverages and tobacco manufacturing industry
COMMISSIONER GREGORY	MELBOURNE, 18 AUGUST 2017

Application for approval of the Vesco Foods Pty Ltd (Production Employees, Western Australia) Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Vesco Foods Pty Ltd (Production Employees, Western Australia) Enterprise Agreement 2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Vesco Foods Pty Ltd T/A Vesco Foods. 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.

[4] The Australian Workers’ Union and the National Union of Workers, 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 these organisations.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 25 August 2017. The nominal expiry date of the Agreement is 17 August 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

Vesco Foods Pty Ltd, trading as Vesco Foods, applied to the Fair Work Commission for the approval of the Vesco Foods Pty Ltd (Production Employees, Western Australia) Enterprise Agreement 2017. The application involved a dispute between Vesco Foods and the union representing its production employees in Western Australia. The matter was heard by the Fair Work Commission, which is the federal workplace relations tribunal with jurisdiction over matters involving enterprise agreements.

The primary legal issue before the Commission was whether the terms of the enterprise agreement complied with the relevant legislative framework, specifically the Fair Work Act 2009. This involved examining the agreement to determine if it met the criteria for approval, such as whether it provided for a fair and efficient workplace, and if it included terms that were not materially prejudicial to employees. The Commission also needed to consider whether the agreement had been fairly negotiated and if the union had properly represented the employees.

The Fair Work Commission found that the enterprise agreement in question did not contain terms that were materially prejudicial to employees. The Commission noted that the agreement provided for a fair and efficient workplace and was consistent with the provisions of the Fair Work Act. The Commission was satisfied that the agreement had been fairly negotiated and that the union had properly represented the employees. Consequently, the Commission approved the enterprise agreement, enabling it to come into effect and govern the employment conditions of the production employees at Vesco Foods.

No further orders were made by the Commission beyond the approval of the enterprise agreement. This decision confirmed the validity and enforceability of the Vesco Foods Pty Ltd (Production Employees, Western Australia) Enterprise Agreement 2017, setting the terms and conditions under which the employees would be employed.

Vesco Foods Pty Ltd T/A Vesco Foods

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established