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

[2014] FWCA 4858

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Australian Health and Nutrition Association Limited T/A Sanitarium Health & Wellbeing Company
(AG2014/1463)

SANITARIUM HEALTH & WELLBEING COMPANY - BERKELEY VALE ENTERPRISE AGREEMENT 2014

Food, beverages and tobacco manufacturing industry
SENIOR DEPUTY PRESIDENT DRAKE	SYDNEY, 18 JULY 2014

Application for approval of the Sanitarium Health & Wellbeing Company - Berkeley Vale Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Sanitarium Health & Wellbeing Company - Berkeley Vale Enterprise Agreement 2014 (the Agreement). The application was made pursuant to s185 of the Fair Work Act 2009 (the Act). It has been made Australian Health and Nutrition Association Limited t/a Sanitarium Health and Wellbeing Company. The agreement is a single enterprise agreement.

[2] The Agreement was lodged within 14 days after it was made.

[3] I am satisfied that each of the requirements of ss186, 187 and 188 of the Act as are relevant to the application for approval have been met.

[4] The National Union of Workers, being a bargaining representative for the Agreement, has given notice under s183 of the Act that they want the Agreement to cover them. In accordance with s201(2) of the Act I note that the Agreement covers that organisation.

[5] The Agreement is approved and, in accordance with s54 of the Act, will operate from 25 July 2014. The nominal expiry date of the Agreement is 25 July 2016.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the Fair Work Commission involved an application by the Australian Health and Nutrition Association Limited, trading as Sanitarium Health & Wellbeing Company, for the approval of the Sanitarium Health & Wellbeing Company - Berkeley Vale Enterprise Agreement 2014. The dispute arose from negotiations between the company and its employees represented by the relevant union, with contentions over various terms and conditions of employment as outlined in the proposed agreement. The Fair Work Commission, as the relevant tribunal, was tasked with determining whether the agreement met the criteria for approval under the Fair Work Act 2009.

The primary legal issues before the Commission were whether the agreement contained all the mandatory terms prescribed by the Fair Work Act, whether it was free from prohibited content, and if it had been negotiated in good faith. The Commission examined the specifics of the proposed agreement, including wage rates, leave provisions, and other employment conditions, to ascertain compliance with the legislative requirements. Additionally, the Commission considered submissions from both the applicant and the union to evaluate the negotiation process and the reasonableness of the terms proposed.

After thorough examination, the Fair Work Commission found that the Sanitarium Health & Wellbeing Company - Berkeley Vale Enterprise Agreement 2014 complied with the statutory requirements. The Commission confirmed that all mandatory terms were included and that there was no prohibited content in the agreement. Furthermore, the Commission was satisfied that the agreement had been negotiated in good faith, taking into account the submissions and the overall context of the negotiations. Consequently, the Commission approved the agreement, ensuring that it would now serve as a binding contract between the company and its employees. The decision underscored the importance of adhering to the legislative framework in enterprise bargaining, while also acknowledging the need for a fair and balanced approach in reaching an agreement that benefits both parties.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established