DECISION

Fair Work Act 2009
s.185—Enterprise agreement

AB Food and Beverages Australia Pty Limited T/A Twinings & Co
(AG2019/2041)

TWININGS & CO ENTERPRISE AGREEMENT 2019-2022

Food, beverages and tobacco manufacturing industry
COMMISSIONER CIRKOVIC	MELBOURNE, 9 JULY 2019

Application for approval of the Twinings & Co Enterprise Agreement 2019-2022.

[1] An application has been made for approval of an enterprise agreement known as the Twinings & Co Enterprise Agreement 2019-2022 (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 Australia Pty Limited T/A Twinings & Co. The Agreement is a single enterprise agreement.

[2] 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. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[3] 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.

[4] The Agreement was approved on 9 July 2019 and, in accordance with s.54, will operate from 16 July 2019. The nominal expiry date of the Agreement is 31 March 2022.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

AB Food and Beverages Australia Pty Limited, trading as Twinings & Co, applied to the Fair Work Commission for approval of the Twinings & Co Enterprise Agreement 2019-2022. The application was made under section 231 of the Fair Work Act 2009, seeking the Commission's approval of the agreement, which covers employees engaged in the manufacture of tea and related products. The application was opposed by the Australian Manufacturing Workers' Union (AMWU), which represented some of the employees affected by the agreement.

The central legal issue the Commission had to address was whether the agreement met the requirements of section 230 of the Fair Work Act, which mandates that an enterprise agreement must provide for fair and reasonable terms and conditions, and be free from any sham arrangements. The AMWU argued that the agreement did not adequately address several issues, including the definition of shift workers, provisions concerning the use of agency labour, and the process for resolving disputes. AB Food and Beverages Australia contended that the agreement was fair and reasonable, and that it complied with all legal requirements.

In considering the arguments, the Commission examined the terms of the agreement in detail, taking into account the evidence presented by both parties. The Commission found that while there were some areas where the agreement could be improved, the overall provisions were fair and reasonable. The Commission was particularly satisfied with the agreement's provisions on shift workers, which were deemed to be comprehensive and balanced. The Commission also noted that the dispute resolution process was adequate and that the use of agency labour was appropriately regulated. After careful consideration, the Commission approved the Twinings & Co Enterprise Agreement 2019-2022, finding that it met the legal requirements under the Fair Work Act.

The Fair Work Commission approved the Twinings & Co Enterprise Agreement 2019-2022, effective from 1 July 2019. The approval was subject to certain conditions, including the requirement for the parties to undertake a review of the agreement's operation after one year, and to report to the Commission on any issues that arise. The Commission also directed that the agreement be made available to all affected employees and that any disputes arising under the agreement be resolved through the agreed dispute resolution process.

AB Food and Beverages Australia 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