Arnott’s Biscuits Ltd

[2022] FWCA 1302

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Arnott’s Biscuits Ltd

(AG2022/1053)

Arnott’s (Marleston Manufacturing) Enterprise Agreement 2022

Food, beverages and tobacco manufacturing industry
COMMISSIONER PLATT	ADELAIDE, 13 APRIL 2022

Application for the approval of Arnott’s (Marleston Manufacturing) Enterprise Agreement 2022

An application has been made for approval of an enterprise agreement known as the Arnott’s (Marleston Manufacturing) Enterprise Agreement 2022 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act) by Arnott’s Biscuits Ltd (the Applicant). The agreement is a single enterprise agreement.

The matter was allocated to my Chambers on 13 April 2022 and was determined on the papers.

The United Workers’ 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.

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.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 days after the date of approval of the Agreement. The nominal expiry date is 12 April 2026.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, Arnott's Biscuits Limited sought approval of a new enterprise agreement for its employees at the Marleston Manufacturing site. The application was brought by the employer, seeking to finalise the terms of employment for the workforce at this particular site. The dispute centred around the fairness and compliance of the proposed agreement with relevant industrial laws and standards.

The central legal issues for the Commission to determine were whether the agreement met the statutory requirements for approval under the Fair Work Act 2009, and if it provided for a fair and reasonable set of terms for the employees. This included assessing whether the agreement was made in good faith, if it complied with the "better off overall test", and whether it included provisions that were consistent with the National Employment Standards and other relevant awards or agreements.

The Commission considered the submissions from both the employer and the union, as well as the terms of the proposed agreement. It found that the agreement was made in good faith and that it met the better off overall test, providing employees with benefits that outweighed any disadvantages. The agreement also included terms that were consistent with the National Employment Standards and relevant awards. Therefore, the Commission approved the application and certified the enterprise agreement as meeting the necessary criteria for approval.

The final orders of the Commission were that the Arnott's (Marleston Manufacturing) Enterprise Agreement 2022 be approved and certified, effective from the date of the decision. This decision is binding on all parties involved and sets the terms of employment for the workforce at the Marleston site.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established