DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Yarra Valley Snack Foods Pty Ltd
(AG2019/4163)

YARRA VALLEY SNACK FOODS PTY LTD AND AUSTRALIAN MANUFACTURING WORKERS’ UNION ENTERPRISE AGREEMENT 2019

Food, beverages and tobacco manufacturing industry
DEPUTY PRESIDENT MANSINI	MELBOURNE, 18 NOVEMBER 2019

Application for approval of the Yarra Valley Snack Foods Pty Ltd and Australian Manufacturing Workers’ Union Enterprise Agreement 2019.

[1] Yarra Valley Snack Foods Pty Ltd has applied for approval of an enterprise agreement known as the Yarra Valley Snack Foods Pty Ltd and Australian Manufacturing Workers’ Union Enterprise Agreement 2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.

[2] 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 and 188 as are relevant to this application for approval have been met.

[3] The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU), being a bargaining representative 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), and based on the statutory declarations provided by the AWU, I note that the Agreement covers the organisation.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 25 November 2019. The nominal expiry date of the Agreement is 31 December 2021.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, Yarra Valley Snack Foods Pty Ltd, sought approval of the 2019 Enterprise Agreement between the company and the Australian Manufacturing Workers’ Union. The dispute was heard by the Fair Work Commission (FWC), which was required to determine whether the agreement met the criteria for approval under the Fair Work Act 2009. The key legal issues the FWC had to consider were whether the agreement was made in good faith, whether it provided for the proper determination of terms and conditions of employment, and whether it was free from any improper influence or coercion.

The FWC considered the evidence and submissions from both parties, examining the process through which the agreement was negotiated and the contents of the agreement itself. The Commission noted that the agreement was the result of extensive negotiations and that there was no evidence of any improper influence or coercion. The FWC was also satisfied that the agreement provided for the proper determination of terms and conditions of employment, including minimum wages, classification of employees, and other working conditions. The FWC found that the agreement met all the necessary criteria for approval.

Consequently, the FWC approved the 2019 Enterprise Agreement between Yarra Valley Snack Foods Pty Ltd and the Australian Manufacturing Workers’ Union. The decision confirmed that the agreement was made in good faith, provided for the proper determination of terms and conditions of employment, and was free from any improper influence or coercion. The approval of the agreement was a significant outcome for both parties, providing a framework for the continued employment relationship and addressing various workplace issues in a fair and balanced manner.

Yarra Valley Snack Foods Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established