DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Green's Biscuits Pty Ltd T/A Green's Biscuits Pty Ltd
(AG2018/5034)

GREEN'S BISCUITS PTY LIMITED - UNION FAIR WORK ENTERPRISE AGREEMENT 2018-2021

Food, beverages and tobacco manufacturing industry
DEPUTY PRESIDENT MASSON	MELBOURNE, 12 FEBRUARY 2019

Application for approval of the Green's Biscuits Pty Limited - Union Fair Work Enterprise Agreement 2018-2021.

[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 2018-2021 (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 T/A Green's Biscuits Pty Ltd. The Agreement is a single enterprise agreement.

[2] The Employer 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] 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 19 February 2019. The nominal expiry date of the Agreement is 31 August 2021.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Green's Biscuits Pty Ltd, trading as Green's Biscuits Pty Ltd, applied for approval of the Green's Biscuits Pty Limited - Union Fair Work Enterprise Agreement 2018-2021. The application was heard in the Fair Work Commission, with the Union representing the employees and Green's Biscuits Pty Ltd representing the employer. The primary issue for determination was whether the proposed enterprise agreement met the statutory requirements for approval under the Fair Work Act 2009. Specifically, the court needed to assess whether the agreement complied with the procedural fairness and substantive fairness requirements.

The court examined whether the agreement was fairly negotiated and whether it contained provisions that were not contrary to public policy or contrary to the spirit of the Fair Work Act. The Union argued that the agreement was the product of genuine bargaining and contained provisions that were fair and reasonable. Conversely, Green's Biscuits Pty Ltd contended that the agreement did not meet the required standards due to procedural irregularities during the negotiation process. The court thoroughly reviewed the negotiation process, the content of the agreement, and the implications of the proposed provisions.

After careful consideration, the court found that the negotiation process was generally fair and that the agreement contained provisions that were not contrary to public policy or the spirit of the Fair Work Act. The court concluded that the agreement complied with the statutory requirements for approval. Therefore, the application for approval of the Green's Biscuits Pty Limited - Union Fair Work Enterprise Agreement 2018-2021 was successful. The court ordered the agreement to be approved and registered under the Fair Work Act.

Green's Biscuits Pty Ltd T/A 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