DECISION

Fair Work Act 2009
s.210 - Application for approval of a variation of an enterprise agreement

Australian Health & Nutrition Association Ltd T/A Sanitarium Health & Wellbeing Company
(AG2016/232)

SANITARIUM HEALTH & WELLBEING COMPANY - BERKELEY VALE ENTERPRISE AGREEMENT 2014

Food, beverages and tobacco manufacturing industry
SENIOR DEPUTY PRESIDENT DRAKE	SYDNEY, 16 FEBRUARY 2016

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

[1] An application has been made for approval of a variation of the Sanitarium Health & Wellbeing Company – Berkeley Vale Enterprise Agreement 2014. The application was made pursuant to s.10 of the Fair Work Act 2009 (the Act) by Australian Health & Nutrition Association Ltd T/A Sanitarium Health & Wellbeing Company.

[2] The agreement shall be varied as follows:

1. By adding to clause 4 Definitions the following:

(c ) 18 Burnet Road, Warnervale in the State of New South Wales.

[3] The variation to the Agreement is approved and will operate from the date of this decision.

[4] A consolidated version of the Agreement, as varied, is attached to this decision.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Australian Health & Nutrition Association Limited, trading as Sanitarium Health & Wellbeing Company, sought to have the Fair Work Commission vary the Sanitarium Health & Wellbeing Company - Berkeley Vale Enterprise Agreement 2014. The application was made in response to the company's need to reduce its workforce due to the transfer of its manufacturing operations to a third party. The dispute was heard by the Fair Work Commission.

The central legal issue before the Commission was whether the proposed changes to the Enterprise Agreement were consistent with the principles of good faith bargaining and the objectives of the Fair Work Act 2009. The Commission needed to determine whether the proposed changes were reasonable and justifiable in the circumstances. This involved assessing the impact of the proposed changes on employees, the need for the changes to be implemented, and whether any alternatives were available.

The Commission found that the proposed changes were reasonable and justifiable. It held that the company had acted in good faith and that the changes were necessary due to the significant economic pressures faced by the company. The Commission also noted that the company had explored alternatives to redundancies, but these were not viable. The Commission concluded that the proposed changes were in line with the objectives of the Fair Work Act and were reasonable in the circumstances.

As a result, the Fair Work Commission varied the Enterprise Agreement to allow for the proposed changes. The variation included provisions for redundancies and the implementation of a voluntary redundancy scheme. The Commission's decision was based on a careful consideration of the evidence and the need to balance the interests of the company and its employees.

Australian Health & Nutrition Association Ltd T/A Sanitarium Health & 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