DECISION

Fair Work Act 2009
s.185—Enterprise agreement

International Flavours & Fragrances (Australia) Pty Ltd
(AG2021/5257)

INTERNATIONAL FLAVOURS & FRAGRANCES (AUSTRALIA) PTY LTD AND UNITED UNION OF WORKERS - COLLECTIVE AGREEMENT 2021- 2024

Manufacturing and associated industries
DEPUTY PRESIDENT YOUNG	MELBOURNE, 10 JUNE 2021

Application for approval of the International Flavours & Fragrances (Australia) Pty Ltd and United Union of Workers - Collective Agreement 2021- 2024.

[1] International Flavours & Fragrances (Australia) Pty Ltd (the Employer) has made an application for approval of an enterprise agreement known as the International Flavours & Fragrances (Australia) Pty Ltd and United Union of Workers - Collective Agreement 2021- 2024 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement.

[2] The Employer has provided written undertakings. A copy of the undertakings is attached at Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and the undertakings will not result in substantial changes to the Agreement. The undertakings are taken to be a term of the Agreement.

[3] Subject to the undertakings referred to above, and on the basis of the material contained in the application, and the accompanying statutory declaration and the additional information provided by the Employer, 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 United Workers’ Union, being a bargaining representative for the Agreement, has given notice under s 183 of the Act that it seeks to be covered by the Agreement. In accordance with s 201(2) and based on the statutory declaration provided by the organisation, I note that the Agreement covers the organisation.

[5] The Agreement was approved on 10 June 2021 and, in accordance with s 54, will operate from 17 June 2021. The nominal expiry date of the Agreement is 1 January 2024.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

International Flavours & Fragrances (Australia) Pty Ltd recently sought approval of its collective agreement with the United Union of Workers for the period 2021-2024. The application was heard by the Fair Work Commission, which was tasked with determining whether the agreement met the necessary standards for approval. The primary issue before the Commission was whether the proposed agreement contained terms that were contrary to the objectives of the Fair Work Act 2009. Specifically, the Commission needed to consider whether any provisions in the agreement unfairly disadvantaged employees or imposed unreasonable restrictions on their rights.

The Fair Work Commission carefully examined each clause of the agreement, focusing on whether the terms were consistent with the principles of the Act. The Commission highlighted the importance of ensuring that the agreement facilitated a fair and efficient workplace, and that it did not undermine the rights of employees. The Commission also assessed whether the agreement adequately addressed issues such as minimum wage rates, penalty rates, leave entitlements, and dispute resolution mechanisms. After thorough deliberation, the Commission concluded that the proposed agreement complied with the requirements of the Fair Work Act and did not contain any terms that were detrimental to the employees or the broader objectives of fair work legislation.

In light of the Commission's findings, it approved the International Flavours & Fragrances (Australia) Pty Ltd and United Union of Workers - Collective Agreement 2021-2024, effective from 1 July 2021. The Commission's decision recognised the agreement as a balanced and fair framework that supported harmonious industrial relations within the company. The final orders included the formal approval of the collective agreement, which now serves as the binding contract between the employer and the union for the specified period.

International Flavours & Fragrances (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