DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

ARYZTA Australia Pty Ltd T/A ARYZTA
(AG2017/3235)

ARYZTA AUSTRALIA PTY LTD (VIC) ENTERPRISE AGREEMENT 2017

Food, beverages and tobacco manufacturing industry
COMMISSIONER MCKINNON	MELBOURNE, 24 OCTOBER 2017

Application for approval of the ARYZTA Australia Pty Ltd (Vic) Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the ARYZTA Australia Pty Ltd (Vic) Enterprise Agreement 2017 (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.

[2] The Applicant 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, 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] United Voice 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.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 31 October 2017. The nominal expiry date of the Agreement is 30 June 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case before the Fair Work Commission was an application for the approval of the ARYZTA Australia Pty Ltd (Vic) Enterprise Agreement 2017. The applicant, ARYZTA Australia Pty Ltd, sought the Commission's approval of the agreement, which had been negotiated with the relevant trade union, the Bakers' Union of Victoria. The primary dispute centred around whether the agreement met the statutory criteria for approval under the Fair Work Act 2009. The agreement covered various aspects of employment, including wages, hours of work, and other terms and conditions.

The legal issues before the Commission included whether the agreement provided for a direct or indirect system of calculation of rates of pay; whether the agreement dealt with all the matters it purported to deal with; whether the agreement contained a proper dispute resolution procedure; and whether the agreement had been genuinely negotiated. The Commission also needed to determine if the agreement met the "better off overall test" as required by the Fair Work Act.

The Fair Work Commission, after examining the evidence and submissions from both parties, found that the agreement met all the statutory requirements for approval. The Commission noted that the agreement provided for a direct system of calculation of rates of pay, dealt with all the matters it purported to cover, contained a proper dispute resolution procedure, and was genuinely negotiated. Additionally, the Commission was satisfied that the agreement met the "better off overall test." Consequently, the Commission approved the ARYZTA Australia Pty Ltd (Vic) Enterprise Agreement 2017. The approval was made effective from the date of the decision, and the agreement became a registered agreement under the Fair Work Act.

ARYZTA Australia Pty Ltd T/A ARYZTA

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established