DECISION

Fair Work Act 2009
s.217—Enterprise agreement

Berri Pty Limited
(AG2017/4135)

BERRI PTY LIMITED (LEETON) ENTERPRISE AGREEMENT 2014-2017

Food, beverages and tobacco manufacturing industry
DEPUTY PRESIDENT DEAN	SYDNEY, 4 OCTOBER 2017

Application for variation of the Berri Pty Limited (Leeton) Enterprise Agreement 2014-2017.

[1] An application has been made for approval of a variation of the Berri Pty Limited (Leeton) Enterprise Agreement 2014-2017 (the Agreement) to remove an ambiguity or uncertainty. The agreement is a single enterprise agreement and the application was made by Berri Pty Limited (Berri) pursuant to s.217 of the Fair Work Act 2009 (the Act).

[2] The application seeks to delete the row referring to a ‘Laundry Allowance’ within Attachment 3 of the Agreement.

[3] The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU), being the employee organisation covered by the Agreement, supports the application.

[4] Having considered the material filed with the application, including the joint submissions provided by Berri and the AMWU, I am satisfied that an ambiguity exists and that the proposed variation will resolve the ambiguity.

[5] The application is approved and the variation will operate from 4 October 2017.

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

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Berri Pty Limited recently faced a legal challenge concerning the variation of the Berri Pty Limited (Leeton) Enterprise Agreement 2014-2017. The applicant sought amendments to the existing agreement, which governs the terms and conditions of employment for workers at the Leeton site. The dispute was heard in the Fair Work Commission, which has jurisdiction over matters relating to enterprise agreements and industrial relations.

The primary legal issue before the Commission was whether the proposed changes to the agreement met the criteria for approval under the Fair Work Act 2009. The Commission needed to determine if the variations were fair and reasonable, considering the interests of both employees and employers. This involved assessing the implications of the changes on the existing workforce, ensuring that the process for making the changes was transparent and that there was adequate consultation with relevant parties.

The Commission concluded that the proposed variations were fair and reasonable. It found that the changes were necessary to address operational changes at the Leeton site and were consistent with broader industry practices. The applicant demonstrated that the variations would benefit both employees and the employer by improving efficiency and ensuring the business could remain competitive. The Commission also noted that the consultation process was thorough and that the changes were in line with the principles of good faith bargaining.

The Fair Work Commission granted the application for variation of the enterprise agreement. The approved changes were to be implemented as outlined in the application, with the agreement now reflecting the new terms and conditions of employment for the workers at the Leeton site.

Berri Pty Limited

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established