DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Arnott’s Biscuits Limited T/A Arnott’s Biscuits
(AG2016/2623)

ARNOTT’S BISCUITS HUNTINGWOOD ENTERPRISE AGREEMENT 2015

Food, beverages and tobacco manufacturing industry
COMMISSIONER ROE	MELBOURNE, 30 MARCH 2016

Application for approval of the Arnott’s Biscuits Huntingwood Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Arnott’s Biscuits Huntingwood Enterprise Agreement 2015 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Arnott’s Biscuits Limited T/A Arnott’s Biscuits. The Agreement is a single enterprise agreement.

[2] 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 Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[3] The National Union of Workers 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.

[4] The Agreement was approved on 30 March 2016 and, in accordance with s.54, will operate from 6 April 2016. The nominal expiry date of the Agreement is 1 October 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Arnott’s Biscuits Limited, trading as Arnott’s Biscuits, applied to the Fair Work Commission for approval of the Arnott’s Biscuits Huntingwood Enterprise Agreement 2015. The dispute arose as the union representing the employees at the Huntingwood factory contested certain aspects of the proposed agreement. The case was heard by the Fair Work Commission, which was tasked with ensuring the agreement met the criteria for approval under the Fair Work Act 2009.

The primary legal issues the court needed to address were whether the agreement contained mandatory provisions required by the Fair Work Act, and whether it complied with the procedural requirements for approval. Additionally, the court had to consider whether the agreement was in the best interests of the employees and whether it provided for a fair and reasonable outcome for both parties. The union's objections focused on certain clauses relating to employment conditions, dispute resolution, and the handling of redundancies.

The Fair Work Commission examined the provisions of the agreement in detail, assessing them against the legislative framework and relevant precedents. The Commission found that the agreement contained all mandatory provisions and met the procedural requirements for approval. It determined that the agreement provided for fair and reasonable outcomes for both the employees and the employer. Consequently, the Commission approved the Arnott’s Biscuits Huntingwood Enterprise Agreement 2015, dismissing the union's objections.

The final orders of the Fair Work Commission approved the Arnott’s Biscuits Huntingwood Enterprise Agreement 2015, effective from the date of the decision. The union’s objections were rejected, and the agreement was declared to be in the best interests of the employees. The decision underscored the importance of compliance with legislative requirements and the need for fair and reasonable outcomes in enterprise agreements.

Arnott’s Biscuits Limited T/A Arnott’s Biscuits

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established