DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Ingredion ANZ Pty Ltd
(AG2018/28)

INGREDION LANE COVE COLLECTIVE WORKPLACE AGREEMENT 2018

Food, beverages and tobacco manufacturing industry
DEPUTY PRESIDENT MASSON	MELBOURNE, 23 FEBRUARY 2018

Application for approval of the Ingredion Lane Cove Collective Workplace Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Ingredion Lane Cove Collective Workplace Agreement 2018 (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” known as the Australian Manufacturing Workers’ Union (AMWU) being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they wish the Agreement to cover them. In accordance with s.201(2) I note that the Agreement covers the organisations.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 2 March 2018. The nominal expiry date of the Agreement is 15 May 2021.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Ingredion ANZ Pty Ltd was the subject of an application for the approval of a collective workplace agreement by the Fair Work Commission. The application involved the Ingredion Lane Cove Collective Workplace Agreement 2018, which was intended to regulate the terms and conditions of employment for certain employees of Ingredion ANZ. The legal issues before the Commission centred on whether the agreement complied with the requirements of the Fair Work Act 2009, particularly in relation to the coverage of the agreement, the procedural fairness of the agreement's development, and whether the agreement met the criteria for an independent and genuine agreement.

The Commission examined whether the proposed agreement had been fairly and independently negotiated and whether it contained minimum entitlements as required by the Fair Work Act. Additionally, the Commission assessed whether the agreement was free from any unlawful content and whether the process of developing the agreement was procedurally fair. After reviewing the submissions from both parties, the Commission concluded that the agreement was independently and genuinely negotiated and contained all the required minimum entitlements. The Commission also found that the process of developing the agreement was procedurally fair, and that the agreement was free from any unlawful content. Consequently, the Commission approved the Ingredion Lane Cove Collective Workplace Agreement 2018.

The Commission's decision was based on a comprehensive analysis of the evidence presented and a careful consideration of the requirements of the Fair Work Act. The Court found that the agreement met all the necessary criteria for approval and that the process of negotiating and developing the agreement was fair and lawful. The approval of the agreement ensures that the employees covered by the agreement have a clear understanding of their terms and conditions of employment and provides a framework for resolving any future disputes.

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