DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Flavour Makers Pty Ltd T/A Flavour Makers
(AG2019/1528)

FLAVOUR MAKERS COLLECTIVE AGREEMENT 2019

Food, beverages and tobacco manufacturing industry
DEPUTY PRESIDENT MASSON	MELBOURNE, 27 MAY 2019

Application for approval of the Flavour Makers Collective Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the Flavour Makers Collective Agreement 2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Flavour Makers Pty Ltd T/A Flavour Makers. The Agreement is a single enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

[3] The National Union of Workers (NUW) 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.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 3 June 2019. The nominal expiry date of the Agreement is 30 June 2022.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Flavour Makers Pty Ltd, trading as Flavour Makers, applied to the Fair Work Commission for approval of the Flavour Makers Collective Agreement 2019. The dispute centred on the terms and conditions of employment for the workers in the flavouring industry, as well as the process by which the agreement was formed. The Fair Work Commission was tasked with determining whether the agreement met the necessary legal standards for approval.

The primary legal issues before the Commission were whether the agreement was genuinely a product of the bargaining process, whether it complied with the relevant provisions of the Fair Work Act, and whether it met the requirements for approval under the Fair Work Regulations. This included assessing whether the agreement had been negotiated in good faith, whether it provided for the fair treatment of employees, and whether it adhered to the procedural requirements for making a collective agreement.

The Commission found that the Flavour Makers Collective Agreement 2019 was a genuine product of the bargaining process, negotiated in good faith, and met the necessary legal standards for approval. The agreement was found to comply with the Fair Work Act and the Fair Work Regulations, providing for the fair treatment of employees and meeting the requirements for procedural fairness. The Commission approved the agreement, finding that it met the necessary criteria for approval and was in the best interests of the employees and the employer.

The Fair Work Commission approved the Flavour Makers Collective Agreement 2019, and the agreement now serves as the basis for the terms and conditions of employment for the workers in the flavouring industry. The Commission's decision provides clarity and certainty for both the employer and employees, ensuring that the agreement is legally compliant and fair.

Flavour Makers Pty Ltd T/A Flavour Makers

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established