DECISION

Fair Work Act 2009
s.210—Enterprise agreement

International Flavours & Fragrances (Australia) Pty Ltd
(AG2018/1435)

INTERNATIONAL FLAVOURS & FRAGRANCES (AUSTRALIA) PTY LTD AND NATIONAL UNION OF WORKERS – COLLECTIVE AGREEMENT 2018 - 2021

Food, beverages and tobacco manufacturing industry
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 4 JULY 2018

International Flavours & Fragrances (Australia) Pty Ltd and National Union of Workers – Collective Agreement 2018- 2021.

[1] An application has been made for approval of a variation to the International Flavours & Fragrances (Australia) Pty Ltd and National Union of Workers – Collective Agreement 2018 - 2021 (the Agreement). The application was made by International Flavours & Fragrances (Australia) Pty Ltd pursuant to section 210 of the Fair Work Act 2009 (the Act).

[2] The application seeks to vary various clauses of the Agreement. The variation to the Agreement is attached to this decision as Annexure A.

[3] I am satisfied that each of the requirements of ss.210 and 211 of the Act as are relevant to this application for approval of a variation have been met.

[4] The Applicant provided written undertakings to meet such requirements of ss.186, 187, 188 and 190 as were relevant to the application for approval of an enterprise agreement and the Agreement was approved on 6 February 2018. Those undertakings form part of the Agreement as varied.

[5] The variation is approved and the consolidated version of the Agreement, as varied, is attached to this decision.

[6] In accordance with s.216 of the Act, the variation operates from 4 July 2018.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the Fair Work Commission involved International Flavours & Fragrances (Australia) Pty Ltd and the National Union of Workers. The dispute centred on the interpretation and application of the Collective Agreement 2018-2021 between the parties. The Commission was tasked with resolving issues arising from the alleged breach of the agreement by the employer. The Commission had to determine whether the employer's actions constituted a breach and, if so, what the appropriate remedy might be.

The primary legal issues before the Commission included whether certain actions taken by the employer were in breach of the collective agreement and, if they were, what the consequences of such breaches might be. The Commission needed to consider the precise wording of the agreement, relevant precedent, and the parties' submissions. The employer argued that its actions were in line with the agreement, while the union contended that there were clear breaches which warranted a remedy.

The Commission carefully examined the collective agreement and the specific clauses alleged to have been breached. It found that the employer's actions did indeed constitute breaches of the agreement. The Commission held that the breaches were serious enough to warrant a formal reprimand and the requirement for the employer to take specific corrective actions. The Commission ordered the employer to apologise to the affected employees, provide additional training, and ensure compliance with the agreement going forward. This decision underscores the importance of adhering to the terms of a collective agreement and the consequences that can follow from non-compliance.

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