DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Dollar Sweets Company Pty Ltd
(AG2016/1086)

DOLLAR SWEETS PTY LTD ENTERPRISE AGREEMENT 2015

Food, beverages and tobacco manufacturing industry
COMMISSIONER ROE	MELBOURNE, 20 JUNE 2016

Application for approval of the Dollar Sweets Pty Ltd Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Dollar Sweets Pty Ltd Enterprise Agreement 2015 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Dollar Sweets Company Pty Ltd. The Agreement is a single enterprise agreement.

[2] The Applicant 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.

[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] 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) I note that the Agreement covers the organisation.

[5] The Agreement was approved on 20 June 2016 and, in accordance with s.54, will operate from 27 June 2016. The nominal expiry date of the Agreement is 17 November 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The applicant, Dollar Sweets Company Pty Ltd, sought approval of the Dollar Sweets Pty Ltd Enterprise Agreement 2015 from the Fair Work Commission. The dispute arose from the negotiations between the employer and its employees, represented by a union, regarding the terms and conditions of employment. The primary issue before the Commission was whether the agreement complied with the requirements of the Fair Work Act 2009, particularly in relation to the provision of fair and reasonable terms.

The Commission examined the agreement to determine if it met the "better off overall test," which requires that the employees are no worse off financially and have at least one improved term or condition of employment. The court considered various factors, including wage rates, penalty rates, leave provisions, and other employment conditions. The Commission also assessed whether the agreement allowed for genuine bargaining and if it contained mandatory terms that were necessary and appropriate for the business.

After reviewing the submissions and evidence, the Fair Work Commission found that the Dollar Sweets Pty Ltd Enterprise Agreement 2015 met the statutory requirements. The agreement was considered to provide fair and reasonable terms for the employees, as it improved at least one term of employment without making the employees worse off overall. The Commission also concluded that the agreement allowed for genuine bargaining and contained mandatory terms that were necessary and appropriate for the business.

Consequently, the Fair Work Commission approved the Dollar Sweets Pty Ltd Enterprise Agreement 2015, making it a legally binding instrument between the employer and its employees. This decision ensured that the employees would receive the agreed-upon terms and conditions, while the employer could operate within the framework of the approved agreement.

Dollar Sweets Company 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