| [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.
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ANNEXURE A
- AGLC
- Green’s Biscuits Pty Ltd [2017] FWCA 4335
- Case
- [2017] FWCA 4335
- Decision Date
CaseChat Overview and Summary
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.
Orders
Orders of the court
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Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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