DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Givaudan Australia Pty Ltd
(AG2015/4565)

GIVAUDAN AUSTRALIA PTY LIMITED AND NATIONAL UNION OF WORKERS ENTERPRISE AGREEMENT 2015

Food, beverages and tobacco manufacturing industry
DEPUTY PRESIDENT KOVACIC	MELBOURNE, 1 SEPTEMBER 2015

Application for approval of the Givaudan Australia Pty Limited and National Union of Workers Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Givaudan Australia Pty Limited and National Union of Workers Enterprise Agreement 2015 (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 Ltd. The Agreement is a single enterprise agreement.

[2] Subject to concerns that have been addressed by way of undertakings, 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.

[3] As noted, pursuant to s.190(3), I have accepted undertakings from Givaudan Australia Pty Ltd. In accordance with s.191(1) of the Act the undertakings are taken to be a term of the Agreement. A copy of the undertakings are attached to this decision.

[4] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] The National Union of Workers 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.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 8 September 2015. The nominal expiry date of the Agreement is 31 March 2018.

Annexure A:

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Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Givaudan Australia Pty Ltd, an entity within the fragrance and flavour industry, was involved in an application before the Fair Work Commission, which sought approval for the Givaudan Australia Pty Ltd and National Union of Workers Enterprise Agreement 2015. The dispute centred around the terms of the proposed enterprise agreement and whether it complied with the relevant industrial legislation, particularly the Fair Work Act 2009.

The legal issues before the Commission involved scrutinising the proposed agreement to ensure it met the necessary criteria under the Fair Work Act. These criteria included whether the agreement provided for a fair and efficient workplace, and whether it adhered to the process requirements as outlined in the Act. Furthermore, the Commission had to determine if the agreement had been fairly and appropriately negotiated, and whether it contained provisions that were contrary to public policy or the spirit of the legislation.

The Fair Work Commission assessed the agreement clause by clause, focusing on its compliance with the Act. The Commission determined that the proposed agreement generally met the legislative requirements, providing for a fair and efficient workplace and adhering to the necessary negotiation processes. However, the Commission did make minor adjustments to certain clauses to ensure they aligned more closely with the legislative intent and did not contravene public policy. Ultimately, the Commission approved the agreement with these modifications, affirming its suitability for the parties involved.

Givaudan Australia Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established