DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Arnott’s Biscuits Limited
(AG2015/945)

ARNOTT’S BISCUITS ENTERPRISE AGREEMENT

Food, beverages and tobacco manufacturing industry
DEPUTY PRESIDENT KOVACIC	CANBERRA, 9 JULY 2015

Application for approval of the Arnott’s Biscuits Enterprise Agreement.

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

[2] Subject to concerns that have been addressed by way of undertakings, 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] As noted, pursuant to s.190(3), I have accepted undertakings from Arnott’s Biscuits Limited. In accordance with s.191(1) of the Act the undertakings are taken to be a term of the Agreement. A copy of the undertakings are attached to this decision.

[4] United Voice, the “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU), the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia and the Australian Municipal, Administrative, Clerical and Services Union, 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) of the Act I note that the Agreement covers this organisation.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 16 July 2015. The nominal expiry date of the Agreement is 24 March 2018.

ATTACHMENT A

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, Arnott’s Biscuits Limited, applied for approval of an enterprise agreement between the company and its employees. The dispute was heard in the Fair Work Commission. The legal issues before the Commission were whether the agreement complied with the Fair Work Act 2009 and whether the process for reaching the agreement was lawful and fair. The Commission found that the agreement was validly made and met all the statutory requirements for approval. The process was also considered to be lawful and fair, with employees having an opportunity to be consulted and to make submissions. The applicant's application was approved.

The Commission considered the nature of the agreement and the process by which it was reached. The agreement was found to cover a range of terms and conditions of employment, including wages, hours of work, and leave entitlements. The process for reaching the agreement involved consultation between the parties, with the applicant providing information and seeking feedback from the employees. The Commission found that the process was fair and that employees had an opportunity to be consulted and to make submissions. The agreement was also considered to be in the best interests of the employees, as it provided for improvements in wages and conditions. The Commission approved the applicant's application for the agreement to be registered. The parties are now bound by the terms of the agreement, which sets out their rights and obligations in relation to employment.

Arnott’s Biscuits Limited

DECISION

ATTACHMENT A

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established