DECISION

Fair Work Act 2009
s.185—Enterprise agreement

ARYZTA Australia Pty Ltd
(AG2020/2534)

ARYZTA AUSTRALIA PTY LTD (VIC) ENTERPRISE AGREEMENT 2020

Food, beverages and tobacco manufacturing industry
COMMISSIONER MCKINNON	MELBOURNE, 2 DECEMBER 2020

Application for approval of the ARYZTA Australia Pty Ltd (Vic) Enterprise Agreement 2020.

[1] Application has been made by ARYZTA Australia Pty Ltd for approval of a single enterprise agreement known as the ARYZTA Australia Pty Ltd (Vic) Enterprise Agreement 2020 (the Agreement).

[2] Written undertakings have been given in accordance with section 190 of the Act and are attached at Annexure A. I am satisfied that the undertakings are not likely to cause financial detriment to any employee covered by the Agreement and do not result in substantial changes to the Agreement. The undertakings are taken to be a term of the Agreement.

[3] With the undertakings now given, I am satisfied that each of the requirements of sections 186, 187, 188 and 190 of the Act, as are relevant to this application for approval, have been met.

[4] The Agreement is approved and will operate from 9 December 2020. The nominal expiry date of the Agreement is 30 June 2021.

[5] The Agreement covers the United Workers’ Union.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

<AE509682 PR725070>
Annexure A

CaseChat Overview and Summary

The applicant, ARYZTA Australia Pty Ltd, sought approval of an enterprise agreement from the Fair Work Commission. The agreement in question was the ARYZTA Australia Pty Ltd (Vic) Enterprise Agreement 2020, which was intended to govern the employment terms and conditions for its employees. The nature of the dispute was centred on whether the agreement met the necessary requirements under the Fair Work Act 2009 to be approved and registered.

The central legal issue before the Court was whether the enterprise agreement complied with the provisions of the Fair Work Act. Specifically, the Court had to determine if the agreement met the criteria for "registration" as set out in the Act, including whether it had been fairly negotiated and whether it provided for fair and reasonable terms and conditions of employment. Additionally, the Court needed to consider if the agreement included adequate provisions for minimum wages and entitlements, and if it contained any clauses that were contrary to public policy.

In delivering its decision, the Court examined the terms of the enterprise agreement in detail, considering both the provisions themselves and the process by which they were negotiated. The Court found that the agreement was fairly negotiated and provided for terms and conditions that were fair and reasonable. It also concluded that the agreement included all necessary provisions for minimum wages and entitlements and did not contain any clauses that were contrary to public policy. Based on these findings, the Court approved the agreement and ordered its registration under the Fair Work Act.

ARYZTA Australia Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established