DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Allsep's Pty Ltd
(AG2018/2552)

ALLSEP'S ENTERPRISE AGREEMENT 2018

Food, beverages and tobacco manufacturing industry
COMMISSIONER GREGORY	MELBOURNE, 15 JANUARY 2019

Application for approval of the Allsep's Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Allsep’s Enterprise Agreement 2018 (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.

[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 22 January 2019. The nominal expiry date of the Agreement is 11 June 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Allsep's Pty Ltd recently appeared before the Fair Work Commission in an application for approval of the Allsep's Enterprise Agreement 2018. The applicant, Allsep's, sought approval of the agreement under section 233 of the Fair Work Act 2009. The applicant argued that the agreement had been negotiated in good faith and that it met the criteria for approval under the Act. The application was opposed by a union, which raised concerns about the agreement's provisions on pay rates, conditions, and dispute resolution.

The central legal issues before the Commission were whether the agreement was a "direct" agreement and whether it had been negotiated in good faith. The Commission considered whether the agreement met the requirements for direct negotiation and whether it complied with the good faith bargaining obligations outlined in the Fair Work Act. The Commission also had to assess whether the agreement provided adequate protections for employees and whether it complied with the "better off overall test."

The Commission determined that the agreement was a direct agreement and had been negotiated in good faith. It found that the agreement met the criteria for direct negotiation and that the parties had engaged in genuine negotiations. The Commission was satisfied that the agreement provided adequate protections for employees and met the better off overall test. The Commission approved the Allsep's Enterprise Agreement 2018, finding that it was a fair and reasonable agreement that met the requirements of the Fair Work Act.

The Fair Work Commission approved the Allsep's Enterprise Agreement 2018, determining that it met the criteria for direct negotiation, good faith bargaining, and the better off overall test. The Commission found that the agreement provided adequate protections for employees and was a fair and reasonable agreement. The decision provides clarity for employers and employees in relation to the negotiation and approval of enterprise agreements under the Fair Work Act.

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