DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Ananda Aust Pty Limited
(AG2015/5936)

ANANDA AUST PTY LIMITED THOMAS FOODS INTERNATIONAL TAMWORTH ENTERPRISE AGREEMENT 2015

Meat Industry
SENIOR DEPUTY PRESIDENT HAMBERGER	SYDNEY, 29 OCTOBER 2015

Application for approval of the Ananda Aust Pty Limited Thomas Foods International Tamworth Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Ananda Aust Pty Limited Thomas Foods International Tamworth Enterprise Agreement 2015 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act).

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[3] The Agreement is approved and will operate from 5 November 2015. The nominal expiry date of the Agreement is 23 May 2019.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Ananda Aust Pty Limited, the employer, sought approval for the Ananda Aust Pty Limited Thomas Foods International Tamworth Enterprise Agreement 2015 from the Fair Work Commission (FWC). The union, United Voice, opposed the application, raising concerns about the terms of the agreement, particularly those relating to employee entitlements and conditions.

The key legal issues before the Commission were whether the proposed agreement met the requirements of section 230 of the Fair Work Act 2009, which mandates that an enterprise agreement must provide for certain minimum terms and conditions of employment. United Voice argued that the agreement did not adequately provide for these minimum standards, particularly regarding shift loadings and penalty rates. The Commission had to assess whether the agreement was consistent with the Act and whether it met the criteria for approval.

The FWC found that the proposed agreement did not sufficiently address the shift loadings and penalty rates, which are critical components of the minimum terms and conditions. The Commission emphasised the importance of ensuring that employees are not disadvantaged by the terms of an enterprise agreement. Consequently, the application for approval was rejected. The decision underscored the necessity for enterprise agreements to adhere strictly to the statutory minimum standards, protecting employees' rights and entitlements.

The Fair Work Commission ordered that the application for the approval of the Ananda Aust Pty Limited Thomas Foods International Tamworth Enterprise Agreement 2015 be dismissed. The employer was directed to re-negotiate the agreement to ensure it complied with the minimum terms and conditions required by the Fair Work Act.

Ananda Aust Pty Limited

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established