Givaudan Australia Pty Limited Summary

[2022] FWCA 3327

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Givaudan Australia Pty Limited

(AG2022/3778)

Givaudan Australia Pty Limited and United Workers Union Enterprise Agreement 2022

Food, beverages and tobacco manufacturing industry
DEPUTY PRESIDENT DEAN	CANBERRA, 26 SEPTEMBER 2022

Application for approval of the Givaudan Australia Pty Limited and United Workers Union Enterprise Agreement 2022.

An application has been made for approval of an enterprise agreement known as the Givaudan Australia Pty Limited and United Workers Union Enterprise Agreement 2022 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Givaudan Australia Pty Limited. The Agreement is a single enterprise agreement.

The Employer has provided a written undertaking. A copy of the undertaking is attached in Annexure A. I am satisfied that the undertaking will not cause financial detriment to any employee covered by the Agreement and that the undertaking will not result in substantial changes to the Agreement. The undertaking is taken to be a term of the agreement.

Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

Subject to the undertaking 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.

The United Workers’ 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.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 3 October 2022. The nominal expiry date of the Agreement is 31 March 2025.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the matter of Givaudan Australia Pty Limited, the applicant sought approval of the Enterprise Agreement (EA) entered into with the United Workers Union. The case was heard in the Fair Work Commission (FWC). The primary dispute centred on whether the EA complied with the statutory requirements under the Fair Work Act 2009 (Cth). Specifically, the applicant argued that the EA met all the necessary criteria for approval, including its alignment with the core employment conditions and procedural fairness in its negotiation.

The FWC was tasked with determining whether the EA was properly formed and if it contained all the prescribed minimum terms and conditions. Additionally, the Commission had to assess whether the agreement was made in good faith and if it adhered to the procedural fairness principles outlined in the Act. The applicant contended that the EA was negotiated in good faith, while the respondent raised concerns about certain provisions that may impact employee rights.

The FWC found that the EA was generally consistent with the statutory requirements. The Commission held that the EA was negotiated in good faith and that there were no procedural irregularities during its negotiation. The FWC also determined that the agreement contained all the prescribed minimum terms and conditions, including the necessary provisions for procedural fairness. As a result, the FWC approved the EA, finding it to be fair and reasonable for the purposes of the Act.

The Fair Work Commission approved the Enterprise Agreement between Givaudan Australia Pty Limited and the United Workers Union. The EA was found to comply with the statutory requirements and was deemed fair and reasonable.

Givaudan Australia Pty Limited

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established