A B Food & Beverages Pty Ltd T/A Twinings & Co

[2014] FWCA 2615

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

A B Food & Beverages Pty Ltd T/A Twinings & Co
(AG2013/12003)

TWININGS & CO ENTERPRISE AGREEMENT 2013 - 2016

Food, beverages and tobacco manufacturing industry
DEPUTY PRESIDENT KOVACIC	MELBOURNE, 17 APRIL 2014

Application for approval of the Twinings & Co Enterprise Agreement 2013 - 2016.

[1] An application has been made for approval of an enterprise agreement known as the Twinings & Co Enterprise Agreement 2013 - 2016 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by A B Food & Beverages Pty Ltd T/A Twinings & Co. 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 A B Food & Beverages Pty Ltd T/A Twinings & Co. 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 as Attachment A.

[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 to be covered by the Agreement. 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 24 April 2014. The nominal expiry date of the Agreement is 31 March 2016.

DEPUTY PRESIDENT

Attachment A:

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, A B Food & Beverages Pty Ltd T/A Twinings & Co applied for the approval of the Twinings & Co Enterprise Agreement 2013-2016. The applicant sought to have the enterprise agreement approved by the Fair Work Commission as a registered agreement under the Fair Work Act 2009. The dispute involved the terms and conditions of employment, including wages, hours of work, and other employment-related matters, for employees who were covered by the agreement.

The primary legal issue before the Commission was whether the enterprise agreement met the requirements of the Fair Work Act 2009, particularly in relation to the process by which the agreement was made and the provisions of the agreement itself. The Commission needed to determine if the agreement was made in good faith, if it was fairly negotiated, and if it complied with the various statutory minimum entitlements and other requirements under the Act. Additionally, the Commission considered whether the agreement provided for fair and reasonable terms and conditions of employment, taking into account the nature of the business and the interests of both employers and employees.

In reaching its decision, the Commission examined the evidence and submissions presented by both parties. It found that the agreement was made in good faith and that the process by which it was negotiated was fair. The Commission also determined that the terms of the agreement were reasonable and provided for fair and equitable treatment of employees. As a result, the Commission approved the Twinings & Co Enterprise Agreement 2013-2016, and it was registered under the Fair Work Act 2009. The approval ensures that the agreement will apply to the employees covered by it, and the terms and conditions set out in the agreement will govern their employment for the duration of the agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established