Green’s Biscuits Pty Ltd

[2017] FWCA 4335

FAIR WORK COMMISSION

decision

Fair Work Act 2009

s.185—Enterprise agreement

Green’s Biscuits Pty Ltd

(AG2017/2631)

Green’s Biscuits Pty Limited (Larapinta Warehouse) Enterprise Agreement 2017

Storage services
Commissioner Johns	SYDNEY, 21 AUGUST 2017

Application for approval of the Green’s Biscuits Pty Limited (Larapinta Warehouse) Enterprise Agreement 2017.

On 3 July 2017 Green’s Biscuits Pty Ltd (Applicant) made an application for approval of the Green’s Biscuits Pty Limited (Larapinta Warehouse) Enterprise Agreement 2017 (Agreement). The application was made pursuant to s 185 of the Fair Work Act 2009 (Cth) (Act). The Agreement is a single-enterprise agreement.

The Agreement was lodged within 14 days after it was made.

The Applicant has provided written undertakings. A copy of the undertakings is attached as Annexure A. The Commission is 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. In any case, the United Voice has indicated its acceptance of the undertakings.

Subject to the undertakings referred to above, the Commission is 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 Voice, 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), the Commission notes that the Agreement covers this organisation.

The Agreement is approved. In accordance with s 54 of the Act the Agreement will operate from 28 August 2017. The nominal expiry date of the Agreement is 30 June 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

The parties involved in the case were Green’s Biscuits Pty Ltd and the Australian Manufacturing Workers’ Union. The dispute arose from an application to the Fair Work Commission for the approval of the Green’s Biscuits Pty Limited (Larapinta Warehouse) Enterprise Agreement 2017. The application was lodged under section 233 of the Fair Work Act 2009. The union opposed the application, arguing that the agreement did not meet the requirements of the Act, particularly regarding the provisions for employee remuneration and conditions.

The legal issues before the Commission centred on whether the proposed agreement was a ‘good faith’ agreement as defined by the Fair Work Act. This included assessing whether the agreement met the ‘better off overall test’ and whether it was made in good faith. The union argued that the proposed agreement did not sufficiently protect employee rights and conditions, while Green’s Biscuits contended that the agreement was fair and reasonable, providing adequate protections and benefits for employees.

The Commission carefully reviewed the terms of the proposed agreement and the submissions from both parties. It found that the agreement met the requirements of the Act, including the better off overall test, as it provided employees with a range of benefits and protections that were at least equivalent to those provided under the relevant award. The Commission also determined that the agreement was made in good faith, as it reflected genuine negotiations between the parties. As a result, the Commission approved the application, and the Green’s Biscuits Pty Limited (Larapinta Warehouse) Enterprise Agreement 2017 was registered.

The final orders of the Commission were that the application for approval of the enterprise agreement be granted and that the agreement be registered under section 186 of the Fair Work Act. This decision confirmed the validity of the agreement, allowing it to take effect and govern the employment conditions of the relevant employees.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established