DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Cripps Nubake Pty Ltd
(AG2021/5502)

CRIPPS NUBAKE PTY LTD AND UNITED WORKERS UNION ENTERPRISE AGREEMENT 2020

Food, beverages and tobacco manufacturing industry
COMMISSIONER WILSON	MELBOURNE, 30 JUNE 2021

Application for approval of the Cripps Nubake Pty Ltd and United Workers Union Enterprise Agreement 2020.

[1] An application has been made for approval of an enterprise agreement known as the Cripps Nubake Pty Ltd and United Workers Union Enterprise Agreement 2020 (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. The Agreement is a single enterprise agreement.

[2] 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.

[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] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] 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.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 July 2021. The nominal expiry date of the Agreement is 7 July 2024.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Cripps Nubake Pty Ltd, an employer, and the United Workers Union, a union, sought approval of an enterprise agreement. The application was heard in the Fair Work Commission. The key dispute was whether the proposed agreement met the statutory requirements for approval and if it complied with the Fair Work Act 2009. The legal issues revolved around the fairness of the agreement, its coverage of the bargaining unit, and whether it met the 'better off overall test', which assesses if the employees would be better off under the new agreement than under the previous one.

The Commission carefully examined the terms of the agreement, including wages, conditions, and dispute resolution mechanisms. It assessed whether the agreement provided a fair and reasonable outcome for employees and whether it complied with the statutory framework. The Commission considered submissions from both parties, focusing on the fairness of the proposed terms and the adequacy of the benefits provided. After thorough consideration, the Commission found that the agreement met the statutory requirements and was fair and reasonable. It approved the Cripps Nubake Pty Ltd and United Workers Union Enterprise Agreement 2020.

The decision underscored the importance of ensuring that enterprise agreements provide fair and reasonable benefits to employees and comply with the statutory framework. The Commission's approval of the agreement was based on a detailed analysis of the terms and their impact on the bargaining unit. The final orders included the approval of the enterprise agreement, which would now apply to the employees of Cripps Nubake Pty Ltd.

Cripps Nubake 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