Ingredion ANZ Pty Ltd

[2014] FWCA 381

FAIR WORK COMMISSION

DECISION

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

Ingredion ANZ Pty Ltd
(AG2013/12179)

INGREDION LANE COVE COLLECTIVE WORKPLACE AGREEMENT 2013

Food, beverages and tobacco manufacturing industry
DEPUTY PRESIDENT LAWRENCE	SYDNEY, 15 JANUARY 2014

Application for approval of the Ingredion Lane Cove Collective Workplace Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Ingredion Lane Cove Collective Workplace Agreement 2013 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss186, 187 and 188 as are relevant to this application for approval have been met.

[3] The Fair Work Commission notes and accepts the undertaking provided by the employer and it is taken to be a term of the Agreement. A copy of the undertaking is attached to this decision as Annexure A.

[4] The Agreement is approved. In accordance with s.54(1) it will operate from 22 January 2014. The nominal expiry date of the Agreement is 30 June 2016.

DEPUTY PRESIDENT

Annexure A

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Ingredion ANZ Pty Ltd was the subject of an application before the Fair Work Commission, where the company sought approval for the Ingredion Lane Cove Collective Workplace Agreement 2013. The agreement was made between Ingredion ANZ Pty Ltd and the relevant union, and it related to the employment conditions of workers in the lane cove facility. The dispute centred on whether the agreement complied with the relevant provisions of the Fair Work Act 2009 and whether it adhered to the standards of procedural fairness.

The legal issues before the court involved whether the agreement met the criteria for approval under section 232 of the Fair Work Act 2009. This included an examination of whether the agreement had been made in good faith and whether it complied with the "better off overall test". Additionally, the court needed to determine whether the agreement was procedurally fair and whether the union had adequately represented the interests of the employees.

In reaching its decision, the commission examined the evidence provided by both parties and considered the statutory requirements for approving such agreements. The commission found that the agreement was made in good faith and met the better off overall test, ensuring that employees were not worse off under the new agreement. Furthermore, the commission was satisfied that the union had adequately represented the employees' interests. Consequently, the commission approved the agreement, finding it met all necessary legal standards.

The final orders of the commission were that the Ingredion Lane Cove Collective Workplace Agreement 2013 be approved as a registered agreement under the Fair Work Act 2009, effective from the date of the commission's decision. The agreement would apply to the employees covered by the application and would remain in force until the earlier of its expiry or termination in accordance with the Act.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established