DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Vesco Foods Pty Ltd T/A Vesco Foods
(AG2014/10371)

VESCO FOODS PTY LTD (PRODUCTION EMPLOYEES, WESTERN AUSTRALIA) ENTERPRISE AGREEMENT 2015

Food, beverages and tobacco manufacturing industry
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 25 FEBRUARY 2015

Application for approval of the Vesco Foods Pty Ltd (Production Employees, Western Australia) Enterprise Agreement 2015.

[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 2015 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made byVesco 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, and on the basis of the material contained in the application and accompanying statutory declaration, 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] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] The Food Preservers’ Union of Western Australia, Union of Workers being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) and based on the statutory declaration provided by the organisation, I note that the Agreement covers the organisation.

[6] The Agreement was approved on 25 February 2015 and, in accordance with s.54, will operate from 4 March 2015. The nominal expiry date of the Agreement is 29 February 2016.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

In the Fair Work Commission, Vesco Foods Pty Ltd, trading as Vesco Foods, applied for the approval of the Vesco Foods Pty Ltd (Production Employees, Western Australia) Enterprise Agreement 2015. The dispute concerned the terms and conditions of employment for production employees at Vesco Foods' Western Australian operations. The applicant sought the Commission's approval of the proposed enterprise agreement, which had been negotiated between Vesco Foods and the relevant employee representatives.

The key legal issues before the Commission were whether the proposed enterprise agreement complied with the requirements of the Fair Work Act 2009, including whether it met the "better off overall test" and whether it contained terms that were contrary to the provisions of the Fair Work Act. Additionally, the Commission needed to consider whether the agreement provided for fair and reasonable terms and conditions for the employees covered by the agreement.

The Commission found that the proposed enterprise agreement met the better off overall test, as it provided for a combination of wages and conditions that were at least as good as, if not better than, the applicable award or general awards. The Commission also determined that the agreement did not contain any terms that were contrary to the provisions of the Fair Work Act. The Commission was satisfied that the agreement provided for fair and reasonable terms and conditions for the employees covered by the agreement, and approved the Vesco Foods Pty Ltd (Production Employees, Western Australia) Enterprise Agreement 2015.

The Fair Work Commission approved the Vesco Foods Pty Ltd (Production Employees, Western Australia) Enterprise Agreement 2015, and the decision is now registered with the Registrar of the Fair Work Commission. This approval means that the terms and conditions of employment for the production employees at Vesco Foods' Western Australian operations will be governed by the provisions of the approved enterprise agreement, rather than by the applicable award or general awards.

Vesco Foods Pty Ltd T/A Vesco Foods

DECISION

ANNEXURE A

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established