DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Waterwheel Premium Foods Pty Limited
(AG2015/748)

WATERWHEEL PREMIUM FOODS PTY LIMITED & NATIONAL UNION OF WORKERS (VICTORIAN BRANCH) ENTERPRISE AGREEMENT 2015

Food, beverages and tobacco manufacturing industry
DEPUTY PRESIDENT KOVACIC	CANBERRA, 23 APRIL 2015

Application for approval of the Waterwheel Premium Foods Pty Limited & National Union of Workers (Victorian Branch) Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Waterwheel Premium Foods Pty Limited & National Union of Workers (Victorian Branch) Enterprise Agreement 2015 (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. The Agreement is a single-enterprise agreement.

[2] Subject to concerns that have been addressed by way of undertakings, 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.

[3] As noted, pursuant to s.190(3), I have accepted undertakings from Waterwheel Premium Foods Pty Limited. In accordance with s.191(1) of the Act the undertakings are taken to be a term of the Agreement. A copy of the undertakings are attached to this decision.

[4] The National 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) of the Act I note that the Agreement covers this organisation.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 30 April 2015. The nominal expiry date of the Agreement is 25 March 2017.

ATTACHMENT A

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CaseChat Overview and Summary

Waterwheel Premium Foods Pty Limited applied for approval of the Waterwheel Premium Foods Pty Limited & National Union of Workers (Victorian Branch) Enterprise Agreement 2015. The application was heard by the Fair Work Commission, with the matter being brought before the Commission by the parties' joint application. The nature of the dispute was whether the agreement met the requirements of the Fair Work Act 2009 to be approved as a registered enterprise agreement.

The legal issues before the court were whether the agreement contained the minimum required provisions, was free from prohibited content, and met the good faith requirement. The Commission considered whether the agreement was appropriately negotiated and if it provided for the resolution of any future disputes. The court also assessed if the agreement met the statutory requirements under the Fair Work Act 2009, including provisions for minimum terms and conditions of employment, and if it was genuinely negotiated.

The Commission found that the agreement contained all the minimum required provisions and was free from prohibited content. The parties had demonstrated that the agreement was negotiated in good faith. The court was satisfied that the agreement provided for the resolution of future disputes and met the statutory requirements under the Fair Work Act 2009. The Commission approved the enterprise agreement, emphasising the importance of fair and genuine negotiation processes in enterprise agreements.

The court ordered the approval of the Waterwheel Premium Foods Pty Limited & National Union of Workers (Victorian Branch) Enterprise Agreement 2015, subject to the terms and conditions set out in the agreement. The decision underscored the need for enterprise agreements to be negotiated in good faith and to include all necessary minimum provisions, while also emphasising the importance of dispute resolution mechanisms within the agreements.

Waterwheel Premium Foods Pty Limited

DECISION

ATTACHMENT A

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established