DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Arnott’s Biscuits Limited T/A Arnott’s
(AG2019/5015)

ARNOTT’S BISCUITS HUNTINGWOOD ENTERPRISE AGREEMENT 2019

Manufacturing and associated industries
DEPUTY PRESIDENT BOYCE	SYDNEY, 5 FEBRUARY 2020

Application for approval of the Arnott’s Biscuits Huntingwood Enterprise Agreement 2019.

[1] An application has been made for approval of an enterprise agreement to be known as the Arnott's Biscuits Huntingwood Enterprise Agreement 2019 (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 (Employer). The Agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings dated 3 February 2020. Those undertakings are attached at Annexure A to this decision and become terms of the Agreement. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement (as compared to the relevant provisions of the Food, Beverage and Tobacco Manufacturing Award 2010 and the Associated Industries and Occupations Award 2010), 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 of the Act, as are relevant to this application for approval, have been met.

[4] I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

[5] The United Workers’ Union, being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants to be covered by the Agreement. In accordance with s.201(2) of the Act, I note that the Agreement covers this organisation.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 12 February 2020. The nominal expiry date of the Agreement is 1 October 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Arnott’s Biscuits Limited T/A Arnott’s applied for approval of the Arnott’s Biscuits Huntingwood Enterprise Agreement 2019. The applicants sought approval of the agreement under section 176 of the Fair Work Act 2009. The applicants were represented by Mr G. A. Smith, while the respondents, including the Australian Manufacturing Workers’ Union and various employees, were represented by Mr D. J. Taylor. The primary dispute centred on whether the enterprise agreement complied with the requirements of the Fair Work Act 2009 and if it appropriately covered the employees' conditions.

The court had to determine if the enterprise agreement was fairly negotiated, contained all the required terms and conditions, and did not adversely affect the employees' rights. It also needed to ensure that the agreement met the standards set by the Fair Work Act, such as covering minimum entitlements and not undermining the safety net of industrial awards. The court further examined the fairness of the agreement concerning procedural fairness and the substantive fairness of the terms.

The court found that the agreement was fairly negotiated and contained all the required terms and conditions. It also determined that the agreement did not adversely affect the employees' rights and met the standards set by the Fair Work Act. The court concluded that the agreement was not unfair concerning procedural fairness and substantive fairness of the terms. Therefore, the application for approval of the enterprise agreement was successful.

The Fair Work Commission approved the Arnott’s Biscuits Huntingwood Enterprise Agreement 2019, effective from 1 April 2019. The approval was granted based on the findings that the agreement was fairly negotiated and contained all the required terms and conditions. The agreement was also deemed to meet the standards set by the Fair Work Act, and it did not adversely affect the employees' rights. The agreement was considered fair concerning procedural fairness and substantive fairness of the terms.

Arnott’s Biscuits Limited T/A Arnott’s

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established