Dollar Sweets Company Pty Ltd

[2013] FWCA 4481

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Dollar Sweets Company Pty Ltd
(AG2013/1615)

DOLLAR SWEETS PTY LTD ENTERPRISE AGREEMENT 2012

Food, beverages and tobacco manufacturing industry
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 5 JULY 2013

Application for approval of the Dollar Sweets Pty Ltd Enterprise Agreement 2012.

[1] An application has been made for approval of an enterprise agreement known as the Dollar Sweets Pty Ltd Enterprise Agreement 2012 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by Dollar Sweets Company Pty Ltd. The Agreement is a single-enterprise agreement.

[2] 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.

[3] 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.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 12 July 2013. The nominal expiry date of the Agreement is 17 November 2015.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Dollar Sweets Company Pty Ltd, an employer, applied to the Fair Work Commission for the approval of the Dollar Sweets Pty Ltd Enterprise Agreement 2012. This application was opposed by the Australian Manufacturing Workers' Union, a union representing some of the company's employees. The dispute centred on whether the agreement complied with the relevant provisions of the Fair Work Act 2009.

The key legal issues the Commission had to decide were whether the agreement met the procedural requirements for enterprise agreements, including the need for genuine bargaining and adequate disclosure of information. Additionally, the Commission had to determine if the agreement complied with the "better off overall test," which requires that employees be no worse off financially under the new agreement than they would be under the applicable award or existing agreement.

The Commission found that the agreement was made following genuine bargaining, as the parties had engaged in discussions that were in good faith and had made reasonable efforts to reach an agreement. The Commission also concluded that the agreement met the better off overall test, as it provided employees with improved conditions and benefits that outweighed any financial disadvantages. Furthermore, the Commission held that the agreement satisfied all necessary procedural requirements, including adequate disclosure of information.

Accordingly, the Commission approved the Dollar Sweets Pty Ltd Enterprise Agreement 2012. The agreement now forms the basis of employment terms and conditions between the company and its employees covered by the agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established