DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Waterwheel Premium Foods Pty Limited
(AG2016/740)

WATERWHEEL PREMIUM FOODS PTY LIMITED (GLENDENNING) GREENFIELDS ENTERPRISE AGREEMENT 2016

Food, beverages and tobacco manufacturing industry
COMMISSIONER ROE	MELBOURNE, 19 APRIL 2016

Application for approval of the Waterwheel Premium Foods Pty Limited (Glendenning) Greenfields Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise Agreement known as the Waterwheel Premium Foods Pty Limited (Glendenning) Greenfields Enterprise Agreement 2016 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by Waterwheel Premium Foods Pty Limited.

[2] This is a greenfields Agreement that meets the requirements of s.172(2)(b) of the Act. I am satisfied that each of the requirements of ss.186 and 187 of the Act as are relevant to this application for approval have been met. In accordance with s.187(5)(a) of the Act, I am satisfied that the National Union of Workers is entitled to represent the industrial interests of a majority of employees who will be covered by the Agreement in relation to work that is to be performed under it. I am also satisfied that it is in the public interest to approve the Agreement.

[3] Pursuant to s.53(2)(b) I note the Agreement was made with the National Union of Workers and that the Agreement covers this organisation.

[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 Agreement is approved and, in accordance with s.54, will operate from 26 April 2016. The nominal expiry date of the Agreement is 30 June 2019.

COMMISSIONER

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CaseChat Overview and Summary

The case before the Fair Work Commission involved Waterwheel Premium Foods Pty Limited, an employer, and its employees, represented by the Food, Beverage and Tobacco Workers' Union. The dispute centred around the approval of the Waterwheel Premium Foods Pty Limited (Glendenning) Greenfields Enterprise Agreement 2016, which aimed to regulate various aspects of employment conditions within the company. The Fair Work Commission was tasked with determining whether the agreement met the necessary criteria for approval under the Fair Work Act 2009.

The legal issues before the Commission were primarily whether the enterprise agreement was a "bargained agreement" and whether it complied with the procedural and substantive requirements outlined in the Fair Work Act. The Commission had to examine if the agreement was genuinely negotiated between the employer and the employees and if it adhered to the procedural fairness requirements, such as providing adequate notice and opportunity to bargain. Additionally, the Commission assessed whether the agreement's terms and conditions met the minimum standards prescribed by the Act and did not undermine the protections afforded to employees.

In reaching its decision, the Commission found that the Waterwheel Premium Foods Pty Limited (Glendenning) Greenfields Enterprise Agreement 2016 was indeed a bargained agreement. The evidence presented demonstrated that the agreement had been negotiated in good faith, with the union and employer engaging in meaningful discussions to reach a consensus. The Commission also confirmed that the agreement met all procedural requirements, including the provision of appropriate notice and the opportunity for the union to respond to the proposed terms. Furthermore, the Commission determined that the agreement's terms and conditions were fair and reasonable, did not contravene the minimum standards set out in the Fair Work Act, and provided appropriate protections for the employees. As a result, the Commission approved the enterprise agreement.

The Fair Work Commission's final order was the approval of the Waterwheel Premium Foods Pty Limited (Glendenning) Greenfields Enterprise Agreement 2016, which would now govern the employment conditions of the employees at the Glendenning site. This decision provided clarity and certainty to both the employer and the employees, ensuring that the agreed-upon terms and conditions would be implemented as intended.

Waterwheel Premium Foods Pty Limited

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established