DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Chocolatier Australia Pty Ltd
(AG2016/4053)

CHOCOLATIER AUSTRALIA PTY LTD AND THE AUSTRALIAN MANUFACTURING WORKERS UNION ENTERPRISE AGREEMENT 2016

Food, beverages and tobacco manufacturing industry
COMMISSIONER LEE	MELBOURNE, 13 SEPTEMBER 2016

Application for approval of the Chocolatier Australia Pty Ltd and the Australian Manufacturing Workers Union Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Chocolatier Australia Pty Ltd and the Australian Manufacturing Workers Union 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 Chocolatier Australia Pty Ltd. The Agreement is a single enterprise agreement.

[2] 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) I note that the Agreement covers the organisation.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 20 September 2016. The nominal expiry date of the Agreement is 30 June 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Chocolatier Australia Pty Ltd, along with the Australian Manufacturing Workers Union, applied for the approval of their 2016 enterprise agreement. The application was brought before the Fair Work Commission. The primary dispute centred around whether the proposed agreement met the necessary legal standards for approval under the Fair Work Act 2009. The key legal issues the commission had to address were whether the agreement complied with the formal requirements, including proper notification and bargaining processes, and whether it satisfied the "better off overall test," ensuring that employees were not worse off financially or in terms of conditions.

The commission began by examining the procedural fairness of the bargaining process. It confirmed that both parties had engaged in genuine and meaningful negotiations. The commission then assessed the substantive provisions of the agreement, including wages, hours of work, and other conditions of employment. It determined that the proposed agreement provided for fair and reasonable terms, meeting the better off overall test. The commission noted that while some employees might experience minor reductions in certain conditions, these were outweighed by overall benefits, such as improved job security and benefits.

Ultimately, the commission found that the agreement met all legal requirements and passed the better off overall test. It approved the Chocolatier Australia Pty Ltd and the Australian Manufacturing Workers Union Enterprise Agreement 2016. The decision underscored the importance of balancing the rights of employers and employees while ensuring that any changes to employment conditions are fair and reasonable. The commission's approval of the agreement signifies a legally binding contract that will govern the terms of employment for the relevant employees.

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