Dollar Sweets Company Pty Ltd Summary

[2022] FWCA 1448

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Dollar Sweets Company Pty Ltd

(AG2022/1178)

Dollar Sweets Pty Ltd Enterprise Agreement 2021

Manufacturing and associated industries
COMMISSIONER CIRKOVIC	MELBOURNE, 29 APRIL 2022

Application for approval of the Dollar Sweets Pty Ltd Enterprise Agreement 2021

The Dollar Sweets Company Pty Ltd (the Applicant) has made an application for approval of an enterprise agreement known as the Dollar Sweets Pty Ltd Enterprise Agreement 2021 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act). The agreement is a single enterprise agreement.

I note that the deduction contained at clause 7.2(b) of the Agreement may be inconsistent with the National Employment Standards (NES) however the NES precedence term contained at clause 6.2 of the Agreement is deemed sufficient to resolve this NES concern.

As the Agreement does not contain a flexibility term which meets the requirements of s.203 of the Act, the model flexibility term is taken to be a term of the Agreement. The term is found at the end of the Agreement.

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.

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.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 days after the date of approval of the Agreement. The nominal expiry date is 17 November 2024.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the court involved an application by Dollar Sweets Company Pty Ltd for the approval of the Dollar Sweets Pty Ltd Enterprise Agreement 2021. This agreement was the result of negotiations between the company and the union representing its employees. The union, however, raised concerns about certain provisions of the agreement, which led to the application being brought before the Fair Work Commission. The central issue in the case was whether the agreement met the necessary criteria for approval under the Fair Work Act 2009.

The legal issues that the court had to address included whether the agreement was made in good faith, whether it contained the minimum entitlements required by the Act, and whether it was free from any unlawful content. Additionally, the court needed to consider whether the agreement allowed for proper consultation and negotiation between the parties, and if it provided for the resolution of any disputes that might arise. The union argued that certain provisions of the agreement were not in line with the requirements of the Act, particularly those related to changes in work arrangements and the potential for reduced job security for employees.

In delivering its decision, the Fair Work Commission noted that the agreement largely complied with the statutory requirements for enterprise agreements. The court found that the agreement was made in good faith, contained all the necessary minimum entitlements, and was free from any unlawful content. The Commission also determined that there had been adequate consultation and negotiation between the parties and that the agreement included provisions for the resolution of disputes. While the union had raised concerns about the impact of the agreement on job security, the Commission concluded that these concerns did not outweigh the overall compliance of the agreement with the Act. Consequently, the court approved the Dollar Sweets Pty Ltd Enterprise Agreement 2021.

The final orders of the court included the approval of the Dollar Sweets Pty Ltd Enterprise Agreement 2021, subject to certain conditions that aimed to ensure ongoing compliance with the Fair Work Act. These conditions included provisions for further consultation between the parties and the establishment of a mechanism for addressing any disputes that might arise in the future. The court's decision effectively resolved the dispute between the company and the union, allowing the agreement to come into effect and regulate the employment conditions of the union's members.

Dollar Sweets Company Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established