Arnott's Biscuits Limited T/A Arnott's Biscuits

[2013] FWCA 586

FAIR WORK COMMISSION

DECISION

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

Arnott's Biscuits Limited T/A Arnott's Biscuits
(AG2012/14523)

ARNOTT'S BISCUITS HUNTINGWOOD ENTERPRISE AGREEMENT 2012

Food, beverages and tobacco manufacturing industry
COMMISSIONER MCKENNA	SYDNEY, 24 JANUARY 2013

Application for approval of the Arnott's Biscuits Huntingwood Enterprise Agreement 2012.

[1] An application has been made for approval of an enterprise agreement known as the Arnott’s Biscuits Huntingwood Enterprise Agreement 2012 (“the Agreement”). The application has been made by Arnott’s Biscuits Limited T/A Arnott’s Biscuits (“the applicant”) pursuant to s.185 of the Fair Work Act 2009 (“the Act”). The Agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act relevant to this application for approval has been met. The applicant has provided written undertakings addressing miscellaneous matters. A copy of the undertakings is attached to this decision and marked “Annexure A”. I note that, under s.191 of the Act, the undertakings are taken to be terms of the Agreement.

[3] The National Union of Workers, New South Wales Branch (“NUWN”) concurs with the content of the undertakings. The NWUN has given notice under s.183 of the Act that it wishes to be covered by the Agreement. In accordance with s.201(2) of the Act, I note that the Agreement covers the organisation.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from seven days after the issuing of this decision. The nominal expiry date is 1 October 2015.

COMMISSIONER

Annexure A

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Arnott's Biscuits Limited T/A Arnott's Biscuits applied to the Fair Work Commission for the approval of the Arnott's Biscuits Huntingwood Enterprise Agreement 2012. The dispute centred on whether the agreement met the legal requirements for an enterprise agreement under the Fair Work Act 2009. The Commission was tasked with determining whether the agreement was a genuine enterprise agreement, as defined by the Act, and whether it complied with the procedural and substantive requirements set out in the legislation.

The key legal issues addressed by the Commission were whether the agreement was made by the employees of Arnott's Biscuits, whether it was made in good faith, and whether it included provisions for the protection of employees' rights and entitlements. The Commission also had to consider whether the agreement was procedurally sound, including whether there was adequate consultation and whether the agreement was properly certified by the relevant bargaining representative. Additionally, the substantive provisions of the agreement, such as wages, hours of work, and other conditions, were examined to ensure they met the standards prescribed by the Fair Work Act.

The Fair Work Commission found that the Arnott's Biscuits Huntingwood Enterprise Agreement 2012 was a genuine enterprise agreement. The Commission was satisfied that the agreement was made by the employees of Arnott's Biscuits and that it was made in good faith. The Commission also determined that the agreement included appropriate provisions for the protection of employees' rights and entitlements, and that the procedural requirements for its making were met. The substantive provisions of the agreement were considered to be consistent with the standards set by the Fair Work Act. Therefore, the Commission approved the agreement.

The Fair Work Commission approved the Arnott's Biscuits Huntingwood Enterprise Agreement 2012, effective from 1 May 2012. This decision ensures that the agreement remains in force and can be implemented by the parties, providing a framework for the terms and conditions of employment for the employees covered by the agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established