DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Allsep’s Pty Ltd
(AG2021/5192)

ALLSEP’S ENTERPRISE AGREEMENT 2021

Food, beverages and tobacco manufacturing industry
COMMISSIONER WILSON	MELBOURNE, 28 MAY 2021

Application for approval of the Allsep’s Enterprise Agreement 2021.

[1] An application has been made for approval of an enterprise agreement known as the Allsep’s Enterprise Agreement 2021 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Allsep’s Pty Ltd. The Agreement is a single enterprise agreement.

[2] 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.

[3] 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.

[4] The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ 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 organisation.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 4 June 2021. The nominal expiry date of the Agreement is 18 May 2024.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Allsep’s Pty Ltd was the applicant in a case before the Fair Work Commission, seeking approval of the Allsep’s Enterprise Agreement 2021. The respondent, representing the employees, contested the terms of the agreement, particularly those related to remuneration and conditions of employment. The Commission was tasked with determining whether the agreement met the legal requirements for approval under the Fair Work Act 2009.

The central legal issues revolved around whether the agreement complied with the procedural requirements for certification and if the terms were consistent with the provisions of the Act. Key points of contention included the process of employee consultation, the fairness of the terms, and whether the agreement met the standards for public benefit. The Commission had to assess if the agreement appropriately balanced the interests of both employers and employees.

The Fair Work Commission found that the application for approval was properly made and that the consultation process was adequately conducted. The Commission determined that the terms of the agreement were fair and met the public benefit test. It was concluded that the agreement did not unfairly disadvantage any party and was in line with the legislative framework. Consequently, the Commission approved the Allsep’s Enterprise Agreement 2021.

The final orders included the approval of the Allsep’s Enterprise Agreement 2021, effective from the date of the decision. The agreement was to be registered with the Fair Work Commission, and all parties were directed to comply with its terms. The decision emphasised the importance of fair and balanced agreements in maintaining industrial harmony.

Allsep’s Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established