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

[2020] FWCA 4185

[2020] FWCA 4185

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Australian Health & Nutrition Association Limited T/A The Sanitarium Health Food Company
(AG2020/2054)

THE SANITARIUM HEALTH FOOD COMPANY - BERKELEY VALE PRODUCTION ENTERPRISE AGREEMENT 2020

Food, beverages and tobacco manufacturing industry
DEPUTY PRESIDENT BOYCE	SYDNEY, 10 AUGUST 2020

Application for approval of The Sanitarium Health Food Company - Berkeley Vale Production Enterprise Agreement 2020.

[1] An application has been made for approval of an enterprise agreement to be known as The Sanitarium Health Food Company - Berkeley Vale Production Enterprise Agreement 2020 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by Australian Health & Nutrition Association Limited (Employer). The Agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings dated 7 August 2020. Those undertakings are attached at Annexure A to this decision and become terms of the Agreement. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement (as compared to the relevant provisions of the Food, Beverage and Tobacco Manufacturing Award 2010), 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 of the Act, as are relevant to this application for approval, have been met.

[4] I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

[5] The United Workers’ Union, being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants to be covered by the Agreement. In accordance with s.201(2) of the Act, I note that the Agreement covers this organisation.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 17 August 2020. The nominal expiry date of the Agreement is 17 August 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

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Annexure A