Ab Food And Beverages Australia Pty Limited T/A Twinings & Co

[2022] FWCA 2542

[2022] FWCA 2542

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Ab Food And Beverages Australia Pty Limited T/A Twinings & Co

(AG2022/2464)

Twinings & Co Enterprise Agreement 2022 – 2023

Food, beverages and tobacco manufacturing industry
COMMISSIONER O'NEILL	melbourne, 1 AUGUST 2022

Application for approval of the Twinings & Co Enterprise Agreement 2022 – 2023

1. Twinings & Co has applied for approval of an enterprise agreement known as the Twinings & Co Enterprise Agreement 2022 – 2023 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) and is a single enterprise agreement.

1. The coverage in the Notice of Employee Representational Rights (NERR) distributed to employees is narrower than the coverage set out in clause 5 of the Agreement. However, I am satisfied that the Agreement would have been genuinely agreed to but for the minor technical departure from the NERR requirements under s.174 of the Act and that the employees covered by the Agreement were not likely to have been disadvantaged by this error. Accordingly, I exercise the discretion conferred by s.188(2) of the Act.

1. The Employer 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. The undertakings are taken to be a term of the Agreement.

1. 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.

1. The United Workers’ Union 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.

1. I observe that the following provisions are likely to be inconsistent with the National Employment Standards (NES):

·            Clause 14.5 - Abandonment of employment;

·            Clause 27 – Annual Leave; and

·            Clause 32.3 – Public Holidays.

However, noting clause 6 of the Agreement, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

1. The Agreement is approved and, in accordance with s.54 of the Act, will operate from 8 August 2022. The nominal expiry date of the Agreement is 31 March 2023.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

<AE516819  PR744279>

Annexure A