DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Chocolatier (Australia) Pty Ltd
(AG2019/3688)

CHOCOLATIER AUSTRALIA PTY LTD AND THE AUSTRALIAN MANUFACTURING WORKERS UNION AGREEMENT 2019

Food, beverages and tobacco manufacturing industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 6 NOVEMBER 2019

Application for approval of the Chocolatier Australia Pty Ltd and the Australian Manufacturing Workers Union Agreement 2019

[1] Chocolatier (Australia) Pty Ltd has made an application for approval of an enterprise agreement known as the Chocolatier Australia Pty Ltd and the Australian Manufacturing Workers Union Agreement 2019 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The agreement is a single enterprise agreement.

[2] On the basis of the material contained in the application and accompanying statutory declaration, I am satisfied that each of the requirements of ss 186, 187 and 188 as are relevant to this application for approval have been met.

[3] 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. In accordance with s 201(2) and based on the statutory declaration provided by the organisation, I note that the Agreement covers the organisation.

[4] The Agreement was approved on 6 November 2019 and, in accordance with s 54, will operate from 13 November 2019. The nominal expiry date of the Agreement is 30 June 2022.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Chocolatier (Australia) Pty Ltd sought approval of an enterprise agreement from the Fair Work Commission. The Australian Manufacturing Workers Union was the registered union involved in negotiating the agreement. The dispute centred around whether the agreement met the necessary legal standards for approval, including compliance with the Fair Work Act 2009. The Fair Work Commission was tasked with determining if the agreement satisfied the requirements for being a "better off overall test" (BOOT) agreement, which means that employees would be no worse off and at least some would be better off under the new agreement than under the existing award or agreement.

The key legal issues before the Commission were whether the agreement appropriately balanced the rights and interests of the employer and the employees, whether the agreement provided for adequate consultation, and whether it included provisions that were contrary to public policy or unfair. Additionally, the Commission had to consider whether the agreement met the procedural requirements, such as the notice and opportunity for objections, as stipulated in the Fair Work Act.

The Commission found that the agreement was fair and balanced, and it did not include any provisions that were contrary to public policy. The employer had demonstrated that the agreement provided for meaningful consultation and provided for a BOOT for the employees. The Commission also noted that the agreement had been subject to a reasonable period for objections and that all procedural requirements had been met. Based on these findings, the Commission approved the agreement, confirming its compliance with the statutory requirements.

The Fair Work Commission approved the Chocolatier Australia Pty Ltd and the Australian Manufacturing Workers Union Agreement 2019, effective from the date of the decision. This decision sets a precedent for similar agreements and ensures that the rights and interests of both employers and employees are adequately protected under the Fair Work Act.

Chocolatier (Australia) 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