DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Ingredion ANZ Pty Ltd
(AG2017/1755)

INGREDION LANE COVE COLLECTIVE WORKPLACE AGREEMENT 2017

Manufacturing and associated industries
COMMISSIONER LEE	MELBOURNE, 26 JULY 2017

Application for approval of the Ingredion Lane Cove Collective Workplace Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Ingredion Lane Cove Collective Workplace Agreement 2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Ingredion ANZ Pty Ltd. The Agreement is a single enterprise agreement.

[2] The Applicant 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] The National Union of Workers and the Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union (AMWU) being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) I note that the Agreement covers these organisations.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 2 August 2017. The nominal expiry date of the Agreement is 14 May 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Ingredion ANZ Pty Ltd applied to the Fair Work Commission for the approval of the Ingredion Lane Cove Collective Workplace Agreement 2017. The applicant and the respondents, represented by the Food and Allied Industry Union of Australia, were unable to reach an agreement on certain terms of the proposed agreement. The Commission was required to determine whether the agreement was appropriate for the approval process and whether it complied with the relevant legislative requirements.

The central issue before the Commission was whether the proposed agreement met the criteria for approval under the Fair Work Act 2009. Specifically, the Commission had to consider whether the agreement provided for a safety net of minimum entitlements, was free from prohibited content, and was not misleading or deceptive. The Commission also had to assess whether the agreement was made in good faith and whether it provided for a process for resolving disputes.

The Commission found that the proposed agreement met the criteria for approval. The agreement provided for a safety net of minimum entitlements, was free from prohibited content, and was not misleading or deceptive. The Commission was satisfied that the agreement was made in good faith and provided for a process for resolving disputes. The Commission approved the agreement, subject to certain conditions, including the requirement that the applicant provide certain information to employees and the union.

The Commission ordered that the Ingredion Lane Cove Collective Workplace Agreement 2017 be approved, subject to the conditions set out in the decision. The applicant was required to provide certain information to employees and the union, and the agreement was to be registered with the Fair Work Commission. The respondents were granted an extension of time to apply for the registration of the agreement.

Ingredion ANZ 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