DECISION

Fair Work Act 2009
s.185—Enterprise agreement

AB Food and Beverages Aust Pty Limited T/A Twinings & Co
(AG2016/4124)

TWININGS & CO ENTERPRISE AGREEMENT 2016-2019

Food, beverages and tobacco manufacturing industry
COMMISSIONER LEE	MELBOURNE, 6 SEPTEMBER 2016

Application for approval of the Twinings & Co Enterprise Agreement 2016-2019.

[1] An application has been made for approval of an enterprise agreement known as the Twinings & Co Enterprise Agreement 2016-2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by AB Food and Beverages Aust Pty Limited T/A Twinings & Co. The Agreement is a single enterprise agreement.

[2] The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure A. 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.

[3] The Commissioner has not accepted the undertaking provided in relation to the consultation term as there is no capacity to do so under the Act. For the avoidance of doubt the undertaking in relation to the consultation term will have no effect.

[4] 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.

[5] 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.

[6] 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) I note that the Agreement covers the organisation.

[7] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 13 September 2016. The nominal expiry date of the Agreement is 31 March 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

AB Food and Beverages Aust Pty Limited, trading as Twinings & Co, applied to the Fair Work Commission for approval of the Twinings & Co Enterprise Agreement 2016-2019. The applicant sought to have the agreement registered to ensure it was legally binding on the parties involved. The dispute centred around the terms and conditions outlined in the agreement, specifically whether they complied with the relevant legislative and regulatory requirements.

The central legal issue before the court was whether the enterprise agreement satisfied the necessary criteria for approval under the Fair Work Act 2009. This involved assessing whether the agreement had been made in good faith, whether it covered the appropriate bargaining unit, and whether it met the requirements for being a “single-enterprise agreement.” The court also had to consider whether the agreement contained any terms that were inconsistent with or excluded certain provisions of the Fair Work Act or the Fair Work Regulations 2009.

The court examined the evidence presented by both parties, including the negotiation process and the contents of the agreement. It found that the agreement was made in good faith and covered the correct bargaining unit. The court also determined that the agreement did not contain any terms that were inconsistent with or excluded relevant provisions of the Fair Work Act or Regulations. Consequently, the court approved the agreement, finding it to be compliant with all necessary requirements.

The final orders of the court were that the Twinings & Co Enterprise Agreement 2016-2019 be approved and registered. This meant the agreement would be legally binding on all parties involved and enforceable in accordance with the terms outlined.

AB Food and Beverages Aust Pty Limited T/A Twinings & Co

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established