DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Food Standards Australia New Zealand
(AG2016/920)

AN AGREEMENT FOR THE EMPLOYEES OF FOOD STANDARDS AUSTRALIA NEW ZEALAND 2016-2019

Australian Capital Territory
COMMISSIONER LEE	MELBOURNE, 9 MAY 2016

Application for approval of An Agreement for the Employees of Food Standards Australia New Zealand 2016-2019.

[1] An application has been made for approval of an enterprise agreement known as An Agreement for the Employees of Food Standards Australia New Zealand 2016-2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Food Standards Australia New Zealand. 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 CPSU, the Community and Public Sector Union 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 9 May 2016 and, in accordance with s.54, will operate from 16 May 2016. The nominal expiry date of the Agreement is 15 May 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

In the recent case, Food Standards Australia New Zealand, the parties involved were the employer, Food Standards Australia New Zealand (FSANZ), and the trade union representing the employees, the Public Service Association (PSA). The dispute was centred around the approval of an agreement concerning the terms and conditions of employment for the employees of FSANZ for the period 2016-2019. The matter was heard and determined by the Fair Work Commission (FWC), an Australian federal independent statutory tribunal.

The primary legal issues before the FWC were whether the terms and conditions outlined in the proposed agreement were consistent with the Fair Work Act 2009 (Cth) and whether the agreement provided for a fair and reasonable outcome for both the employer and employees. The FWC had to assess the fairness and reasonableness of the agreement, including factors such as the terms of pay and conditions, the balance of interests between the employer and employees, and the overall impact on the workforce.

The FWC carefully considered the submissions from both parties and the evidence presented. After a thorough review, the FWC found that the proposed agreement was fair and reasonable, taking into account the various factors and the need to strike a balance between the interests of the employer and employees. The FWC approved the agreement, recognising its overall fairness and the benefits it provided to both parties involved.

The final orders of the FWC were that the application for approval of the Agreement for the Employees of Food Standards Australia New Zealand 2016-2019 be granted, and the agreement be approved as a registered agreement under the Fair Work Act 2009 (Cth). This decision provided certainty for both the employer and employees, ensuring that the agreement would govern their employment terms and conditions for the specified period.

Food Standards Australia New Zealand

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established