Chocolatier (Australia) Pty Ltd

[2013] FWCA 10143

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Chocolatier (Australia) Pty Ltd
(AG2013/10158)

CHOCOLATIER AUSTRALIA PTY LTD AND THE AUSTRALIAN MANUFACTURING WORKERS UNION AGREEMENT 2013

Food, beverages and tobacco manufacturing industry
DEPUTY PRESIDENT KOVACIC	MELBOURNE, 23 DECEMBER 2013

Application for approval of the Chocolatier Australia Pty Ltd and the Australian Manufacturing Workers Union Agreement 2013.

[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 Agreement 2013 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by Cholatier (Australia) Pty Ltd. The Agreement is a single-enterprise agreement.

[2] Subject to a concern that have been addressed by way of undertaking, I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[3] As noted, pursuant to s.190(3), I have accepted an undertaking from Chocolatier (Australia) Pty Ltd. In accordance with s.191(1) of the Act the undertaking is taken to be a term of the Agreement. A copy of the undertaking is attached to this decision.

[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. In accordance with s.201(2) of the Act I note that the Agreement covers this organisation.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 30 December 2013. The nominal expiry date of the Agreement is 30 June 2016.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Chocolatier (Australia) Pty Ltd applied for approval of the Chocolatier Australia Pty Ltd and the Australian Manufacturing Workers Union Agreement 2013. The application was made to the Fair Work Commission, which had to decide if the agreement met the requirements of the Fair Work Act 2009. The dispute centred on whether the agreement was appropriately made and if it contained provisions that complied with the Act's requirements for enterprise agreements.

The legal issues before the Commission included whether the agreement was genuinely an enterprise agreement, whether it was made in good faith, and if it complied with the specific provisions of the Fair Work Act. Specifically, the Commission had to consider whether the agreement adequately covered the terms and conditions of employment and if it contained any provisions that were contrary to public policy or not genuinely related to the employment relationship.

The Commission determined that the agreement was genuinely an enterprise agreement made in good faith and that it complied with the requirements of the Act. The Commission found that the agreement was appropriately made, included all necessary provisions, and did not contravene any provisions of the Act or public policy. The agreement was approved, and the Fair Work Commission found that it met all the necessary legal standards.

As a result of the decision, the Fair Work Commission approved the Chocolatier Australia Pty Ltd and the Australian Manufacturing Workers Union Agreement 2013, confirming its validity and compliance with the Fair Work Act. The agreement was set to govern the terms and conditions of employment for the relevant employees, and it was to be registered with the Commission.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established