DECISION

Fair Work Act 2009
s.185—Enterprise agreement

ARYZTA Australia Pty Limited
(AG2018/4955)

ARYZTA AUSTRALIA PTY LIMITED (NSW) AGREEMENT 2018

Manufacturing and associated industries
DEPUTY PRESIDENT COLMAN	MELBOURNE, 4 FEBRUARY 2019

Application for approval of the ARYZTA Australia Pty Limited (NSW) Agreement 2018.

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

[2] The Employer 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, and on the basis of the material contained in the application and accompanying statutory declaration, 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 “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) and United Voice 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) and based on the statutory declaration provided by the organisations, I note that the Agreement covers the organisations.

[5] The Agreement was approved on 4 February 2019 and, in accordance with s.54, will operate from 11 February 2019. The nominal expiry date of the Agreement is 1 June 2021.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

ARYZTA Australia Pty Limited applied to the Fair Work Commission for the approval of an enterprise agreement, the ARYZTA Australia Pty Limited (NSW) Agreement 2018. The applicant sought to have the agreement approved as a modern award to apply to its employees in New South Wales. The dispute centred on the terms of the proposed agreement and whether it met the legal requirements for approval as a modern award under the Fair Work Act 2009.

The primary legal issue for the Commission was whether the agreement contained provisions that were contrary to the provisions of the Act, including those relating to minimum entitlements, maximum weekly hours of work, and notice of termination. The Commission also had to consider whether the agreement provided for proper consultation and whether it was made in good faith. The applicant argued that the agreement was fair and reasonable, and that it provided for proper consultation and was made in good faith. The Commission found that the agreement did not contain any provisions that were contrary to the Act and that the applicant had properly consulted with its employees. The Commission also found that the agreement was made in good faith and that it provided for fair and reasonable terms and conditions of employment.

The Fair Work Commission approved the ARYZTA Australia Pty Limited (NSW) Agreement 2018 as a modern award, effective from the date of the approval. The Commission noted that the agreement provided for fair and reasonable terms and conditions of employment and that it was made in good faith. The Commission also found that the agreement provided for proper consultation and that it did not contain any provisions that were contrary to the Act. The approval of the agreement as a modern award means that it will apply to the applicant's employees in New South Wales and will override any inconsistent provisions in the relevant award.

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