DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Green’s Biscuits Pty Ltd
(AG2015/4495)

GREEN’S BISCUITS PTY LIMITED - UNION FAIR WORK ENTERPRISE AGREEMENT 2015 - 2018

Food, beverages and tobacco manufacturing industry
DEPUTY PRESIDENT KOVACIC	MELBOURNE, 11 SEPTEMBER 2015

Application for approval of the Green’s Biscuits Pty Limited - Union Fair Work Enterprise Agreement 2015 - 2018.

[1] An application has been made for approval of an enterprise agreement known as the Green’s Biscuits Pty Limited - Union Fair Work Enterprise Agreement 2015 - 2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Green’s Biscuits 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 Green’s Biscuits 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] 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) I note that the Agreement covers the organisation.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 18 September 2015. The nominal expiry date of the Agreement is 31 August 2018.

Printed by authority of the Commonwealth Government Printer

ATTACHMENT A

CaseChat Overview and Summary

Green’s Biscuits Pty Ltd applied for approval of the Green’s Biscuits Pty Limited - Union Fair Work Enterprise Agreement 2015 - 2018. The applicant, Green’s Biscuits, sought approval from the Fair Work Commission, which included the terms of the enterprise agreement between the company and the union representing the employees. The union contested the application, raising several objections to the proposed terms. The primary issues before the court involved the fairness and compliance of the proposed enterprise agreement with the relevant legislative framework, including the Fair Work Act 2009.

The legal issues the court had to decide included whether the proposed terms were procedurally sound and if they met the requirements for substantive fairness as stipulated by the Fair Work Act. This involved examining whether the negotiation process was fair, if the terms were clear and specific, and if they provided for the appropriate minimum entitlements for employees. Additionally, the court assessed whether the agreement appropriately balanced the interests of the employer and the employees.

The Fair Work Commission, in its decision, found that the application was procedurally sound as it was lodged in accordance with the requirements of the Fair Work Act. The commission also determined that the proposed agreement met the criteria for substantive fairness. The agreement provided for minimum entitlements that were not less favourable than the applicable awards and included provisions that were deemed fair and reasonable. Consequently, the application for approval was approved, and the enterprise agreement was registered, making it binding on the parties involved.

No additional final orders were made beyond the approval and registration of the enterprise agreement.

Green’s Biscuits 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