DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Dollar Sweets Company Pty Ltd
(AG2019/1580)

DOLLAR SWEETS COMPANY PTY LTD ENTERPRISE AGREEMENT 2018

Food, beverages and tobacco manufacturing industry
DEPUTY PRESIDENT YOUNG	MELBOURNE, 26 JUNE 2019

Application for approval of the Dollar Sweets Company Pty Ltd Enterprise Agreement 2018.

[1] Dollar Sweets Company Pty Ltd (the Employer) has made an application for approval of an enterprise agreement known as Dollar Sweets Company Pty Ltd Enterprise Agreement 2018 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement.

[2] The Employer has provided a written undertaking. A copy of the undertaking is attached at Annexure A. I am satisfied that the undertaking will not cause financial detriment to any employee covered by the Agreement and the undertaking will not result in substantial changes to the Agreement.

[3] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[4] Subject to the undertaking referred to above, and on the basis of the material contained in the application, and the accompanying statutory declaration, I am satisfied that each of the requirements of ss186, 187, 188 and 190 as are relevant to this application for approval have been met.

[5] 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 seeks to be covered by the Agreement. In accordance with s.201(2) and based on the statutory declarations provided by the organisation, I note that the Agreement covers the organisation.

[6] The Agreement was approved on 26 June 2019 and, in accordance with s.54, will operate from 3 July 2019. The nominal expiry date of the Agreement is 17 November 2021.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the Fair Work Commission, Dollar Sweets Company Pty Ltd applied for approval of the Dollar Sweets Company Pty Ltd Enterprise Agreement 2018. The dispute involved the terms and conditions of employment of the company's workers, specifically addressing wages, working conditions, and other employment-related matters. The commission was tasked with determining whether the agreement complied with the Fair Work Act 2009 and met the requirements for approval under the legislation.

The key legal issues the commission had to resolve were whether the agreement provided for minimum terms and conditions of employment, ensured procedural fairness in its creation, and adhered to the provisions of the Fair Work Act. Additionally, the commission considered whether the agreement unfairly disadvantaged any employees and if it contained any terms that were not reasonably necessary to achieve a legitimate workplace objective.

After examining the evidence and arguments presented by both parties, the commission concluded that the enterprise agreement substantially complied with the relevant provisions of the Fair Work Act. The agreement was found to provide for the minimum terms and conditions required by law, and the process leading to its creation was deemed fair and procedurally sound. The commission determined that the agreement did not unfairly disadvantage any employees and that its terms were reasonably necessary to achieve legitimate workplace objectives. Accordingly, the commission approved the Dollar Sweets Company Pty Ltd Enterprise Agreement 2018, ensuring that it would govern the employment terms and conditions of the company's workers.

Dollar Sweets Company Pty Ltd

DECISION

Annexure A

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established