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

[2014] FWCA 3913

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Australian Health & Nutrition Association Limited T/A Sanitarium Health and Wellbeing Company
(AG2014/1017)

SANITARIUM HEALTH & WELLBEING - BERKELEY VALE TRADES ENTERPRISE AGREEMENT 2014

Manufacturing and associated industries
SENIOR DEPUTY PRESIDENT DRAKE	SYDNEY, 13 JUNE 2014

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

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

[2] The Agreement was not lodged within 14 days after it was made. The Applicant has provided an explanation which I have found to be satisfactory. Pursuant to s.185(3)(b) I consider it fair to extend the time for making this application to 2 May 2014.

[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 Agreement is approved and, in accordance with s54 of the Act, will operate from 20 June 2014. The nominal expiry date of the Agreement is 20 June 2016.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The parties involved in the case were the Australian Health & Nutrition Association Limited, trading as Sanitarium Health and Wellbeing Company, and a group of employees. The nature of the dispute centred around the approval of the Sanitarium Health & Wellbeing – Berkeley Vale Trades Enterprise Agreement 2014. The case was heard in the Fair Work Commission, Australia's workplace relations tribunal. The Fair Work Commission is responsible for resolving disputes and making decisions on various employment-related matters, including enterprise agreements.

The legal issues before the court were whether the agreement met the formal requirements of the Fair Work Act 2009 and whether the agreement had been made in the proper manner. Specifically, the court needed to determine if the agreement was made fairly and in good faith, and if it contained the necessary minimum terms as stipulated by the Act. Furthermore, the court had to consider if there were any procedural irregularities that could invalidate the agreement.

The court examined the evidence provided by both parties and considered the requirements of the Fair Work Act 2009. It was determined that the agreement was made in good faith and fairly, and it contained the necessary minimum terms. The court found no procedural irregularities that would invalidate the agreement. Consequently, the Fair Work Commission approved the Sanitarium Health & Wellbeing – Berkeley Vale Trades Enterprise Agreement 2014. The decision was based on the satisfaction of all legal requirements and the absence of any procedural flaws.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established