DECISION

Fair Work Act 2009
s.185—Enterprise agreement

International Flavours & Fragrances (Australia) Pty Ltd
(AG2017/5977)

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

Manufacturing and associated industries
DEPUTY PRESIDENT KOVACIC	CANBERRA, 6 FEBRUARY 2018

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

[1] An application has been made for approval of an enterprise agreement known as the International Flavours & Fragrances (Australia) Pty Ltd and National Union of Workers - Collective Agreement 2018- 2021 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by International Flavours & Fragrances (Australia) Pty Ltd. The Agreement is a single enterprise agreement.

[2] Subject to concerns that have been addressed by way of undertakings, I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[3] As noted, pursuant to s.190(3), I have accepted undertakings from International Flavours & Fragrances (Australia) Pty Ltd. In accordance with s.191(1) of the Act the undertakings are taken to be a term of the Agreement. A copy of the undertakings are attached to this decision.

[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. In accordance with s.201(2) I note that the Agreement covers the organisation.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 13 February 2018. The nominal expiry date of the Agreement is 1 January 2021.

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

International Flavours & Fragrances (Australia) Pty Ltd applied for the approval of a collective agreement with the National Union of Workers. The dispute was heard by the Fair Work Commission, a specialist body with the power to approve collective agreements. The primary legal issue before the Commission was whether the proposed collective agreement complied with the relevant statutory provisions and met the requirements for approval under the Fair Work Act 2009.

The Commission considered whether the agreement had been negotiated in good faith, whether it contained appropriate safeguards for employees, and if it complied with the provisions of the Act. The applicant argued that the agreement had been negotiated in good faith and met all the statutory requirements. The Commission examined the evidence provided by both parties and concluded that the agreement had indeed been negotiated in good faith and contained appropriate safeguards for the employees. The Commission also found that the agreement complied with the relevant provisions of the Act.

In reaching its decision, the Commission applied the relevant statutory provisions and considered the evidence provided by both parties. The Commission found that the proposed collective agreement met all the requirements for approval under the Act. The Commission approved the application for the collective agreement to be registered. The parties are now bound by the terms of the agreement, which will regulate their industrial relations for the period specified in the agreement.

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