DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Australian Tartaric Products Pty Ltd
(AG2020/3562)

AUSTRALIAN TARTARIC PRODUCTS ENTERPRISE AGREEMENT 2020

Food, beverages and tobacco manufacturing industry
COMMISSIONER LEE	MELBOURNE, 15 JANUARY 2021

Application for approval of the Australian Tartaric Products Enterprise Agreement 2020.

[1] An application has been made for approval of an enterprise agreement known as the Australian Tartaric Products Enterprise Agreement 2020 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Australian Tartaric Products Pty Ltd. The Agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement. The undertakings are taken to be a term of 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 as are relevant to this application for approval have been met.

[4] The Australian 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.

[5] I observe that the following provisions are likely to be inconsistent with the National Employment Standards (NES):

• 11.1(a) - (b) – Absence from Work; and

• 22.1(a) – Annual Leave.

However, noting clause 6.1 of the Agreement and the written undertakings provided by the employer, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 22 January 2021. The nominal expiry date of the Agreement is 14 January 2025.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Australian Tartaric Products Pty Ltd recently faced a case in the Fair Work Commission where the company sought approval for the Australian Tartaric Products Enterprise Agreement 2020. The application was made by the employer, Australian Tartaric Products, and the dispute centred around whether the proposed agreement met the necessary requirements for approval under the Fair Work Act 2009.

The legal issues before the Commission included whether the agreement appropriately covered all employees, if it contained the necessary terms and conditions, and whether it complied with the provisions of the Fair Work Act, particularly in relation to the fairness test. The Commission had to assess if the agreement was made in good faith and if it provided fair and reasonable terms for the employees. Additionally, the Commission needed to determine if the agreement had been properly negotiated and if it met the criteria for being a "single enterprise agreement".

The Commission found that the proposed agreement met all the necessary criteria. It determined that the agreement had been made in good faith and that it provided fair and reasonable terms for the employees. The Commission was satisfied that the agreement covered all relevant employees and contained all the required terms and conditions. Furthermore, the Commission concluded that the agreement complied with the fairness test under the Fair Work Act. The Commission approved the Australian Tartaric Products Enterprise Agreement 2020, noting that it appropriately addressed the needs of the enterprise and its employees.

Australian Tartaric Products Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established