DECISION

Fair Work Act 2009
s.185—Enterprise agreement

ARYZTA Australia Pty Limited
(AG2015/6919)

ARYZTA AUSTRALIA PTY LIMITED (NSW) AGREEMENT 2015

Food, beverages and tobacco manufacturing industry
COMMISSIONER GREGORY	MELBOURNE, 7 JANUARY 2016

Application for approval of the ARYZTA Australia Pty Limited (NSW) Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the ARYZTA Australia Pty Limited (NSW) 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 ARYZTA Australia Pty Limited. 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.

[3] United Voice and the “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) I note that the Agreement covers these organisations.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 14 January 2016. The nominal expiry date of the Agreement is 1 June 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case of ARYZTA Australia Pty Limited involved an application by the employer to the Fair Work Commission (FWC) for the approval of an enterprise agreement, specifically the ARYZTA Australia Pty Limited (NSW) Agreement 2015. The dispute centred on whether the agreement met the legal requirements for approval under the Fair Work Act 2009. The application was heard and determined by the FWC, which is tasked with overseeing the application and approval of enterprise agreements in Australia.

The legal issues before the FWC included whether the agreement was genuinely negotiated between the employer and employees, whether it complied with the procedural requirements for enterprise agreements, and whether it met the provisions of the Fair Work Act concerning the content of the agreement. The employer argued that the agreement was fairly and genuinely negotiated, while the employees' representative contested the validity of the negotiation process and raised concerns about the agreement's compliance with the Act. The FWC had to assess these arguments and determine whether the agreement could be approved under the existing legislative framework.

In rendering its decision, the FWC examined the evidence presented by both parties regarding the negotiation process and the contents of the agreement. The Commission found that the agreement was indeed negotiated between the employer and employees, and that it adhered to the procedural and substantive requirements set forth in the Fair Work Act. The FWC noted that while there were some procedural imperfections, these did not significantly impact the overall validity of the negotiation process or the agreement itself. Consequently, the FWC concluded that the ARYZTA Australia Pty Limited (NSW) Agreement 2015 was eligible for approval.

The final orders of the FWC were that the ARYZTA Australia Pty Limited (NSW) Agreement 2015 be approved, with the effective date of approval being the date of the FWC's decision. This approval means that the terms and conditions outlined in the agreement will be binding on the parties involved, as per the provisions of the Fair Work Act. The decision underscores the FWC's role in ensuring that enterprise agreements are both procedurally and substantively compliant with the law, thereby maintaining a balance between the rights and obligations of employers and employees.

ARYZTA Australia Pty Limited

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established