DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Australian Health and Nutrition Association Limited T/A Sanitarium Health and Wellbeing Company
(AG2019/3643)

SANITARIUM HEALTH & WELLBEING - BERKELEY VALE TRADES ENTERPRISE AGREEMENT 2019

Manufacturing and associated industries
DEPUTY PRESIDENT MASSON	MELBOURNE, 14 OCTOBER 2019

Application for approval of the Sanitarium Health & Wellbeing - Berkeley Vale Trades Enterprise Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the Sanitarium Health and Wellbeing Berkeley Vale Trades Enterprise Agreement 2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Australian Health and Nutrition Association Limited T/A Sanitarium Health and Wellbeing Company. 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. The undertakings are taken to be a term of 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] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 21 October 2019. The nominal expiry date of the Agreement is 13 October 2022.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The Australian Health and Nutrition Association Limited, trading as Sanitarium Health and Wellbeing Company, sought approval of the Sanitarium Health & Wellbeing - Berkeley Vale Trades Enterprise Agreement 2019. The application was made to the Fair Work Commission, which is responsible for approving enterprise agreements under the Fair Work Act 2009. The nature of the dispute centred on whether the proposed agreement met the necessary legal criteria for approval, including whether it contained appropriate provisions for employee protections and if it was free from any unfair content.

The key legal issues before the Commission were whether the agreement provided adequate protections for employees, particularly in relation to termination and redundancy provisions, and whether the agreement was made in the required good faith. The Commission also had to determine if the agreement contained any terms that were contrary to public policy or otherwise unenforceable. The focus was on ensuring the agreement complied with statutory requirements and did not undermine the rights or entitlements of employees under the Fair Work Act.

The Commission examined the provisions of the agreement in detail, considering the balance of rights and obligations for both employers and employees. It concluded that the agreement was fair and reasonable, and did not contain any unfair provisions. The Commission noted that the agreement provided for appropriate protections for employees, including just cause requirements for termination and adequate redundancy entitlements. The Commission found that the agreement was made in good faith and did not contravene any public policy considerations. Consequently, the application for approval was successful.

The Fair Work Commission approved the Sanitarium Health & Wellbeing - Berkeley Vale Trades Enterprise Agreement 2019, effective from the date of the decision. This approval means the agreement can now be implemented, providing a new framework for the terms and conditions of employment for the employees covered by the agreement.

Australian Health and Nutrition Association Limited T/A Sanitarium Health and Wellbeing Company

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established