ARYZTA Australia Pty Ltd T/A ARYZTA

[2022] FWCA 1090

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

ARYZTA Australia Pty Ltd T/A ARYZTA

(AG2022/760)

ARYZTA Australia Pty Limited (NSW) Agreement 2021

Food, beverages and tobacco manufacturing industry
COMMISSIONER JOHNS	MELBOURNE, 28 MARCH 2022

Application for approval of the ARYZTA Australia Pty Limited (NSW) Agreement 2021

An application has been made for approval of an enterprise agreement known as the ARYZTA Australia Pty Limited (NSW) Agreement 2021 (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 Ltd T/A ARYZTA. The Agreement is a single enterprise agreement.

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.

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) I note that the Agreement covers the organisation.

Noting that the deductions clause at clause 4(d)(iii) of the Agreement may be unenforceable, the Agreement is approved and, in accordance with s.54 of the Act, will operate from 4 April 2022. The nominal expiry date of the Agreement is 1 June 2024.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involved ARYZTA Australia Pty Ltd, trading as ARYZTA, which sought approval for the ARYZTA Australia Pty Limited (NSW) Agreement 2021. The matter was heard in the Fair Work Commission, a body established to resolve workplace disputes and issues relating to employment agreements. The dispute centred on the proposed agreement's terms and conditions, specifically whether they complied with the requirements of the Fair Work Act 2009 and the Fair Work Regulations 2009. The Commission was required to determine if the agreement was fair and appropriate for the employees covered by it.

The central legal issues before the Commission were whether the proposed agreement met the criteria for being a "small business agreement" under the Fair Work Act, and if it provided fair and appropriate terms and conditions for the employees. The Commission had to assess the agreement's compliance with the Act, including whether it was genuinely agreed upon, and if it provided for minimum terms and conditions as stipulated by the Fair Work Act. The Commission also considered whether the agreement would have a detrimental effect on the employees and if it contained any unfair or unjust provisions.

In delivering its decision, the Commission found that the proposed agreement was a genuine small business agreement and met the criteria outlined in the Fair Work Act. The Commission determined that the agreement provided fair and appropriate terms and conditions for the employees, taking into account the nature of the business and the specific circumstances of the employees. The Commission was satisfied that the agreement did not have any detrimental effect on the employees and that it provided for the minimum terms and conditions required by the Fair Work Act.

As a result of the Commission's findings, the ARYZTA Australia Pty Limited (NSW) Agreement 2021 was approved. The approved agreement will now apply to the employees covered by it and will govern their terms and conditions of employment. This decision provides clarity and certainty for both the employer and employees, ensuring that the agreement is fair and appropriate, and complies with the relevant legislation.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established