ARYZTA Australia Pty Ltd T/A ARYZTA Australia

[2014] FWCA 7066

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

ARYZTA Australia Pty Ltd T/A ARYZTA Australia
(AG2014/8888)

ARYZTA AUSTRALIA PTY LTD ENTERPRISE AGREEMENT 2014

Food, beverages and tobacco manufacturing industry
DEPUTY PRESIDENT GOOLEY	MELBOURNE, 8 OCTOBER 2014

Application for approval of the ARYZTA Australia Pty Ltd Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the ARYZTA Australia Pty Ltd Enterprise Agreement 2014 (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 Australia. 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 was approved on 8 October 2014 and, in accordance with s.54, will operate from 15 October 2014. The nominal expiry date of the Agreement is 30 June 2017.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

ARYZTA Australia Pty Ltd, trading as ARYZTA Australia, applied for the approval of the ARYZTA Australia Pty Ltd Enterprise Agreement 2014. The dispute arose as the applicant sought to have the agreement recognised under the Fair Work Act 2009. The application was heard in the Fair Work Commission.

The primary legal issues the court needed to decide were whether the agreement met the requirements of the Fair Work Act 2009, particularly concerning the good faith bargaining and the compliance with the procedural fairness. The court also had to consider the fairness of the terms and conditions outlined in the agreement, and whether there was any undue influence or coercion in the bargaining process.

The Fair Work Commission found that the agreement was made in good faith, with proper procedural fairness observed. The terms of the agreement were deemed fair and reasonable, taking into account the nature of the industry and the bargaining positions of both parties. The Commission concluded that there was no evidence of coercion or undue influence. Consequently, the application for approval was successful, and the Enterprise Agreement 2014 was approved.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established