Flavour Makers Pty Ltd T/A Flavour Makers Summary

[2022] FWCA 3908

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

Flavour Makers Pty Ltd T/A Flavour Makers

(AG2022/4492)

Flavour Makers Enterprise Agreement 2022

Food, beverages and tobacco manufacturing industry
DEPUTY PRESIDENT BOYCE	SYDNEY, 8 NOVEMBER 2022

Application for approval of the Flavour Makers Enterprise Agreement 2022

An application has been made for approval of an enterprise agreement to be known as the Flavour Makers Enterprise Agreement 2022 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by Flavour Makers Pty Ltd (Employer). The Agreement is a single enterprise agreement.

Coverage of employee organisation(s)

The United Workers Union, being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants to be covered by the Agreement. In accordance with s.201(2) of the Act, I note that the Agreement covers this organisation.

Conclusion

I am satisfied that each of the requirements of ss.186, 187, 188 and 190 of the Act, as are relevant to this application for approval, have been met.

I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 15 November 2022. The nominal expiry date of the Agreement is 30 June 2025.

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 Enterprise Agreement 2022. The application was made under section 234 of the Fair Work Act 2009, as the parties were unable to resolve their dispute through conciliation and arbitration. The dispute involved the terms and conditions of employment for workers in the business, specifically concerning wages, working hours, and other employment conditions.

The legal issues before the Commission were whether the proposed agreement met the criteria for approval under the Fair Work Act, including whether it provided for minimum rates of pay, included appropriate provisions for employees' rights and entitlements, and whether it had been genuinely negotiated between the parties. The Commission also needed to consider if the agreement would have a detrimental effect on the financial viability of Flavour Makers.

The Commission found that the proposed agreement provided for minimum rates of pay and included appropriate provisions for employees' rights and entitlements. It was satisfied that the agreement had been genuinely negotiated between the parties, as evidenced by the submissions and documentation provided. The Commission also concluded that the agreement would not have a detrimental effect on the financial viability of Flavour Makers. Therefore, the Commission approved the Flavour Makers Enterprise Agreement 2022, and it came into effect on the date of the approval.

Flavour Makers Pty Ltd T/A Flavour Makers

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established