Enjoyo Meal International Pty Ltd Summary

[2013] FWCA 2363

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Enjoyo Meal International Pty Ltd
(AG2013/5843)

ENJOYO-MEAL INTERNATIONAL PTY LTD AGREEMENT 2013

Food, beverages and tobacco manufacturing industry
COMMISSIONER HAMPTON	ADELAIDE, 18 APRIL 2013

Application for approval of the Enjoyo-Meal International Pty Ltd Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Enjoyo-Meal International Pty Ltd Agreement 2013 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by Enjoyo-Meal International Pty Ltd. The Agreement is a single-enterprise agreement.

[2] On 15 April 2013, I conducted a telephone conference of the parties to seek clarification about aspects of the agreement.

[3] The employer subsequently provided further clarification of the parties’ intentions and proposed formal written undertakings which are appended to the agreement as approved.

[4] I have sought the views of the bargaining representatives and accepted the undertakings pursuant to s.190 of the Act. As a result, the undertakings are taken to be a term of the Agreement.

[5] 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.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 25 April 2013. The nominal expiry date of the Agreement is 8 April 2017.

COMMISSIONER

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CaseChat Overview and Summary

The case involved Enjoyo Meal International Pty Ltd, an employer, and its employees, who sought approval of the Enjoyo-Meal International Pty Ltd Agreement 2013. The application for approval of the agreement was heard in the Fair Work Commission. The dispute centred around whether the agreement met the necessary criteria under the Fair Work Act 2009 for it to be approved and registered. Specifically, the employees argued that certain provisions within the agreement did not comply with the requirements set out by the Act.

The legal issues that the Commission was required to address included whether the agreement was a simple, streamlined, or green fields agreement, and whether it had been negotiated in good faith. Furthermore, the Commission needed to consider if the agreement covered all the mandatory topics required by the Act and if it provided adequate protections for the employees. The Commission also had to determine if the agreement was in the best interests of the employees and if it complied with the public interest provisions of the Act.

The Fair Work Commission determined that the agreement was a streamlined agreement and that it had been negotiated in good faith. The Commission found that the agreement covered all the mandatory topics required by the Act and provided adequate protections for the employees. Additionally, the Commission held that the agreement was in the best interests of the employees and complied with the public interest provisions of the Act. Consequently, the Commission approved the agreement and ordered that it be registered with the Fair Work Registry.

The Fair Work Commission's decision was that the Enjoyo-Meal International Pty Ltd Agreement 2013 met the necessary criteria for approval and registration under the Fair Work Act 2009. The Commission found that the agreement was a streamlined agreement, had been negotiated in good faith, covered all mandatory topics, provided adequate protections for employees, and was in their best interests. The Commission approved the agreement and ordered that it be registered with the Fair Work Registry.

Enjoyo Meal International Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established