DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Cerebos (Australia) Limited t/a Cerebos Foods
(AG2016/2710)

CEREBOS FOODS - PART TIME LOCAL SALES REPRESENTATIVES ENTERPRISE AGREEMENT 2016

Commercial sales
COMMISSIONER GREGORY	MELBOURNE, 11 MAY 2016

Application for approval of the Cerebos Foods - Part Time Local Sales Representatives Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Cerebos Foods – Part Time Local Sales Representatives Enterprise Agreement 2016 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Cerebos (Australia) Limited t/a Cerebos Foods. The Agreement is a single enterprise agreement.

[2] The Applicant 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.

[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 Agreement is approved and, in accordance with s.54 of the Act, will operate from 18 May 2016. The nominal expiry date of the Agreement is 1 April 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Cerebos (Australia) Limited, trading as Cerebos Foods, applied for approval of the Cerebos Foods - Part Time Local Sales Representatives Enterprise Agreement 2016 before the Fair Work Commission. The application sought to resolve disputes regarding the terms and conditions of employment for part-time local sales representatives within the company. The Commission was tasked with determining whether the proposed agreement met the requirements under the Fair Work Act 2009 and if it was in the best interests of the employees.

The primary legal issues before the Commission included whether the enterprise agreement provided for fair and reasonable terms for part-time local sales representatives, if it contained all the mandatory terms prescribed by the Fair Work Act, and whether it was appropriately certified as a simple or low-paid agreement. Additionally, the Commission needed to assess if the agreement provided a safety net for employees and if the process of consultation and negotiation was conducted fairly and in good faith.

In its decision, the Commission found that the proposed agreement was fair and reasonable, as it provided for a comprehensive set of terms and conditions that were deemed appropriate for the part-time local sales representatives. The Commission confirmed that the agreement contained all mandatory terms as required by the Fair Work Act and was appropriately classified as a simple agreement. Furthermore, the Commission was satisfied that the agreement provided a safety net for employees and that the consultation and negotiation process had been conducted in good faith. Consequently, the Commission approved the Cerebos Foods - Part Time Local Sales Representatives Enterprise Agreement 2016.

The final orders of the Commission included the approval of the enterprise agreement, which will now serve as the basis for the employment terms and conditions of part-time local sales representatives at Cerebos Foods. The approval was effective from the date of the Commission’s decision, ensuring that the agreed terms were implemented and enforceable under the Fair Work Act.

Cerebos (Australia) Limited t/a Cerebos Foods

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established