Application for approval of the SPC Operations Shepparton (Food Preservers) Enterprise Agreement 2025

[1] An application has been made for approval of an enterprise agreement known as the SPC Operations Shepparton (Food Preservers) Enterprise Agreement 2025 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by SPC Staff Pty Ltd T/A SPC Staff Pty Limited (SPC). The Agreement is a single enterprise agreement.

[2] In response to several issues raised with SPC in relation to its application, it has provided written undertakings, a copy of which are attached in Annexure A. The views of the bargaining representatives were sought in relation to the undertakings, and there was no objection. 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. The undertakings are taken to be a term of the agreement.

[3] The undertakings relate to:

1. Casual employees' entitlements

2. Saturdays - minimum engagement

3. "Annually part time arrangements"

4. Stand down

Interaction with the National Employment Standards

[4] Clause 1.5 of the Agreement provides that where there is any inconsistency between the Agreement and the National Employment Standards (NES), the more beneficial provisions for an employee will apply (NES precedence clause). On this basis, I am satisfied that the apparent inconsistencies with the NES outlined below do not prevent the approval of this agreement:

1. Clause 13 - annual leave, in relation to the accrual of annual leave (where s 87(2) of the Act provides that annual leave accrues progressively during a year of service) and the timing for the taking of annual leave (where s 88 of the Act provides that annual leave may be taken for a period agreed between an employee and their employer).

2. Clause 43 - personal leave, in relation to the accrual of personal leave (where s 96 of the Act provides that personal leave accrues progressively during a year of service), and the taking of personal leave (where s 107(3) of the Act provides that the evidence to be supplied by an employee is that which would satisfy a reasonable person).

[5] 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.

[6] The Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union (AMWU) 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) I note that the Agreement covers the AMWU.

[7] The Agreement is approved and, in accordance with s.54 of the Act, will operate 7 days after approval.

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