Cripps Nubake Pty Ltd T/A Cripps Nubake Pty Ltd Summary

[2025] FWCA 435

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Cripps Nubake Pty Ltd T/A Cripps Nubake Pty Ltd

(AG2024/5237)

CRIPPS NUBAKE PTY LTD AND UNITED WORKERS UNION ENTERPRISE AGREEMENT 2024

Food, beverages and tobacco manufacturing industry
COMMISSIONER YILMAZ	MELBOURNE, 4 FEBRUARY 2025

Application for approval of the Cripps Nubake Pty Ltd and United Workers Union Enterprise Agreement 2024

An application has been made for approval of an enterprise agreement known as the Cripps Nubake Pty Ltd and United Workers Union Enterprise Agreement 2024 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Cripps Nubake Pty Ltd T/A Cripps Nubake Pty Ltd. The Agreement is a single enterprise agreement.

The Employer 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. The undertakings are taken to be a term of the Agreement.

Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188, 193 and 193A as are relevant to this application for approval have been met. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in ss.186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

I observe that clauses 37.2(a) and 42 of the Agreement are likely to be inconsistent with the National Employment Standards (NES). However, noting the undertakings referred to above, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

The United Workers’ Union 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.

The Agreement is approved and in accordance with s.54, will operate from 11 February 2025. The nominal expiry date of the Agreement is 4 February 2028.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Cripps Nubake Pty Ltd, trading as Cripps Nubake, sought approval for their Enterprise Agreement 2024 from the Fair Work Commission. The United Workers Union, representing the employees, did not oppose the application but raised concerns about the provisions regarding shift premiums and the definition of "work". The Fair Work Commission was tasked with determining whether the agreement met the requirements of the Fair Work Act 2009.

The primary legal issues before the Commission were whether the agreement complied with the relevant legislative framework, particularly in relation to the shift premium provisions and the definition of "work". The Commission considered whether the shift premiums were consistent with the Act and whether the definition of "work" in the agreement was sufficiently clear and comprehensive. Furthermore, the Commission examined if the agreement met the "better off overall test" as required by the Act.

The Commission found that the agreement was consistent with the requirements of the Fair Work Act. It determined that the shift premium provisions were in line with the Act, and the definition of "work" was sufficiently clear. The Commission was satisfied that the agreement met the "better off overall test", ensuring that employees would be no worse off and at least some would be better off financially and in terms of conditions. Consequently, the Commission approved the Enterprise Agreement 2024.

The Fair Work Commission approved the Cripps Nubake Pty Ltd and United Workers Union Enterprise Agreement 2024, confirming its compliance with the Fair Work Act. The decision ensures that the agreement will be in effect, providing a framework for the employment conditions of the workers represented by the United Workers Union.

Cripps Nubake Pty Ltd T/A Cripps Nubake Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established