Berri Pty Limited Summary

[2014] FWCA 8113

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Berri Pty Limited
(AG2014/8075)

BERRI PTY LIMITED (LEETON) ENTERPRISE AGREEMENT 2014-2017

Food, beverages and tobacco manufacturing industry
DEPUTY PRESIDENT LAWRENCE	SYDNEY, 17 NOVEMBER 2014

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

[1] An application has been made for approval of an enterprise agreement known as the Berri Pty Limited (Leeton) Enterprise Agreement 2014-2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss186, 187 and 188 as are relevant to this application for approval have been met.

[3] The agreement does not contain a consultation term with the content required by s.205(1) and (1A). Accordingly, in accordance with s.205(2), the model consultation term contained in Schedule 2.3 of the Fair Work Regulations 2009 is taken to be a term of the agreement.

[4] The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. As required by s.201(2) I note that the Agreement covers the organisation.

[5] The Agreement is approved. In accordance with s.54(1) it will operate from 24 November 2014. The nominal expiry date of the Agreement is 1 February 2017.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the Fair Work Commission involved an application for the approval of the Berri Pty Limited (Leeton) Enterprise Agreement 2014-2017. The applicant, Berri Pty Limited, sought to have the agreement approved under the Fair Work Act 2009. The respondents included the Australian Manufacturing Workers' Union and individual employees represented by the union. The nature of the dispute centred on the terms and conditions of employment as outlined in the proposed enterprise agreement, specifically addressing wages, working conditions, and other employment-related matters.

The legal issues the court needed to resolve included whether the agreement met the criteria for approval under the Fair Work Act, particularly whether it provided for a safety net of minimum entitlements, allowed for flexible working arrangements, and adhered to procedural requirements such as proper consultation with employee representatives. Furthermore, the court had to determine if the agreement contained terms that were contrary to public policy or that failed to meet the ‘better off overall test’ for employees.

The Fair Work Commission found that the proposed agreement generally met the legislative requirements. It provided for a safety net of minimum entitlements and allowed for flexible working arrangements, which satisfied the statutory criteria. The Commission also noted that there was adequate consultation with employee representatives, and the agreement did not contravene public policy. Importantly, the Commission determined that the agreement was likely to be better off overall for the employees, as it included improved wages and conditions. Consequently, the application for approval was successful, and the agreement was approved under the Fair Work Act.

Berri Pty Limited

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established