DECISION

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

Intermix Australia Pty Ltd
(AG2014/10983)

INTERMIX AUSTRALIA PTY LTD ENTERPRISE AGREEMENT 2014

Food, beverages and tobacco manufacturing industry
DEPUTY PRESIDENT LAWRENCE	SYDNEY, 9 JANUARY 2015

Application for approval of the Intermix Australia Pty Ltd Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Intermix Australia Pty Ltd Enterprise Agreement 2014 (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 agreement does not contain a consultation term with the content required by s.205(1) and (1A). Accordingly, in accordance with s.205(2), the model consultation term contained in Schedule 2.3 of the Fair Work Regulations 2009 is taken to be a term of the agreement.

[4] The National Union of Workers, being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. As required by s.201(2) I note that the Agreement covers the organisation.

[5] The Agreement is approved. In accordance with s.54(1) it will operate from 16 January 2015. The nominal expiry date of the Agreement is 16 January 2018.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The application before the Fair Work Commission was brought by Intermix Australia Pty Ltd, seeking approval of the Intermix Australia Pty Ltd Enterprise Agreement 2014. The nature of the dispute involved the terms and conditions of employment for the company’s workers, specifically whether the proposed agreement met the criteria under the Fair Work Act 2009 for being a "genuine" enterprise agreement.

The legal issues the court had to address included verifying if the agreement was made free from any improper influence or coercion, whether it included provisions that were procedurally fair to employees, and if the agreement satisfied the procedural requirements for being certified as a single-interest enterprise agreement. The court also needed to assess if the agreement contained appropriate mechanisms for resolving future disputes and if it met the statutory criteria for being a "better off overall" agreement.

In examining the application, the Fair Work Commission considered the evidence presented by both parties and assessed the agreement against the statutory criteria. The Commission determined that the agreement was made without any improper influence or coercion, was procedurally fair, and contained appropriate mechanisms for dispute resolution. Furthermore, it was found that the agreement met the requirements for being a "better off overall" agreement, as it provided employees with improved terms and conditions of employment. Consequently, the Commission approved the application and certified the Intermix Australia Pty Ltd Enterprise Agreement 2014 as a single-interest enterprise agreement.

Intermix Australia 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