Application by Unilever Australia Trading Limited

[2022] FWCA 4297

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Application by Unilever Australia Trading Limited

(AG2022/4999)

Unilever Australia Trading Limited – Tatura Site – Enterprise Agreement 2022

Food, beverages and tobacco manufacturing industry
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 7 DECEMBER 2022

Application for approval of the Unilever Australia Trading Limited – Tatura Site – Enterprise Agreement 2022

An application has been made for approval of an enterprise agreement known as the Unilever Australia Trading Limited – Tatura Site – Enterprise Agreement 2022 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Unilever Australia Trading Limited. The Agreement is a single enterprise agreement.

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 ‘Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union,’ also known as the AMWU; and the ‘Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia,’ also known as the CEPU, being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) I note that the Agreement covers the organisations.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 14 December 2022. The nominal expiry date of the Agreement is 30 June 2025.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The application before the Fair Work Commission was lodged by Unilever Australia Trading Limited, seeking approval for the Unilever Australia Trading Limited – Tatura Site – Enterprise Agreement 2022. The dispute pertained to the terms and conditions of employment for employees at the Tatura site, encompassing various aspects such as wages, hours of work, leave entitlements, and other employment-related matters. The Commission was tasked with determining whether the agreement met the statutory requirements for approval and if it provided for the fair and efficient resolution of workplace issues.

The primary legal issues before the Commission were whether the agreement provided for the minimum entitlements as stipulated under the Fair Work Act 2009, whether it promoted simplicity and certainty in the workplace, and if it facilitated the efficient and flexible resolution of workplace issues. Additionally, the Commission had to consider whether the agreement was genuinely negotiated and whether it provided for the protection of employees' rights and interests. The fairness and equity of the agreement's provisions were also critical factors in the decision-making process.

The Fair Work Commission approved the agreement, finding that it met the statutory requirements for approval. The Commission noted that the agreement provided for minimum entitlements and promoted simplicity and certainty in the workplace. Furthermore, the agreement facilitated the efficient and flexible resolution of workplace issues, and the Commission was satisfied that it was genuinely negotiated. The Commission also found that the agreement provided for the protection of employees' rights and interests and was fair and equitable. The Commission concluded that the agreement met the requirements of the Fair Work Act 2009 and approved it accordingly.

No further orders were made by the Commission. The approval of the agreement ensures that the employees at the Tatura site are covered by a legally compliant and fair enterprise agreement, providing them with a stable and predictable work environment. The agreement also allows for the efficient and flexible resolution of workplace issues, promoting a harmonious and productive workplace. The approval of the agreement by the Fair Work Commission ensures that the rights and interests of both the employees and the employer are protected and that the agreement serves the best interests of the parties involved.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established