Australian Health & Nutrition Association Limited T/A Sanitarium Health Food Company

[2023] FWCA 2510

[2023] FWCA 2510

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

Australian Health & Nutrition Association Limited T/A Sanitarium Health Food Company

(AG2023/2447)

THE SANITARIUM HEALTH FOOD COMPANY - BERKELEY VALE PRODUCTION ENTERPRISE AGREEMENT 2023

Food production industry
DEPUTY PRESIDENT SLEVIN	SYDNEY, 10 AUGUST 2023

Application for approval of The Sanitarium Health Food Company - Berkeley Vale Production Enterprise Agreement 2023

1. An application has been made for approval of an enterprise agreement known as The Sanitarium Health Food Company - Berkeley Vale Production Enterprise Agreement 2023 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by Australian Health & Nutrition Limited T/A Sanitarium Health Food Company. The Agreement is a single enterprise agreement. 

1. I was concerned that clause 50 of the Agreement which sets out the circumstances for abandonment of employment and the process which may be initiated to determine whether or not abandonment has occurred may be read so as to operate in a manner inconsistent with the National Employment Standards (NES).  

1. In response the employer has provided a written undertaking. A copy of the undertaking is attached in Annexure A. A copy of the undertaking was provided to all bargaining representatives. No objection was raised. I am satisfied that the undertaking will not cause financial detriment to any employee covered by the Agreement and it will not result in substantial changes to the Agreement. Pursuant to s.201(3), the undertaking is taken to be a term of the Agreement. 

1. Subject to the undertaking 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. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in sections 186(3) and (3A) I am satisfied that the group of employees was fairly chosen. 

2. The United Workers’ Union, 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. 

1. The Agreement was approved on 10 August 2023 and, in accordance with s.54, will operate from 17 August 2023. The nominal expiry date of the Agreement at clause 6 is 17 August 2026. 

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

<AE521077  PR765092>

Annexure A 

Annexure A