DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Arnott’s Biscuits Limited T/A Arnott’s Biscuits
(AG2018/100)

ARNOTT’S (MARLESTON MANUFACTURING) ENTERPRISE AGREEMENT 2018

Food, beverages and tobacco manufacturing industry
DEPUTY PRESIDENT MASSON	MELBOURNE, 23 FEBRUARY 2018

Application for approval of the Arnott’s (Marleston Manufacturing) Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Arnott’s (Marleston Manufacturing) Enterprise Agreement 2018 (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] The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement 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 as are relevant to this application for approval have been met.

[4] 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.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 2 March 2018. The nominal expiry date of the Agreement is 22 February 2022.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the Fair Work Commission, Arnott's Biscuits Limited, trading as Arnott’s Biscuits, applied for the approval of the Arnott’s (Marleston Manufacturing) Enterprise Agreement 2018. The application followed a successful ballot of the relevant employees, who voted in favour of the agreement. The dispute centred around the terms and conditions of employment for the workers at the Marleston manufacturing site, including wages, working hours, and other employment-related provisions.

The legal issues before the Commission were whether the agreement met the requirements of the Fair Work Act 2009, specifically if it was "watered down" and whether it provided for minimum entitlements, procedural fairness, and genuine bargaining. The Commission also needed to consider whether the agreement was in the best interests of the employees and if it complied with the Fair Work (Registered Organisations) Act 2009.

After examining the submissions and evidence from both parties, the Commission found that the agreement was not watered down and provided for minimum entitlements as required by the Act. The Commission also concluded that the agreement was the product of genuine bargaining and procedural fairness. It was determined that the agreement was in the best interests of the employees, as it addressed their needs and concerns, and met the requirements of the relevant Acts. Therefore, the application for approval of the enterprise agreement was successful.

As a result, the Arnott’s (Marleston Manufacturing) Enterprise Agreement 2018 was approved and registered by the Fair Work Commission, effective from the date of the decision. The terms and conditions set out in the agreement will now govern the employment relationship between Arnott’s Biscuits and the employees at the Marleston manufacturing site.

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