DECISION

Fair Work Act 2009
s.185—Enterprise agreement

International Flavours & Fragrances (Australia) Pty Ltd
(AG2015/749)

INTERNATIONAL FLAVOURS & FRAGRANCES (AUSTRALIA) PTY LTD AND NATIONAL UNION OF WORKERS - COLLECTIVE AGREEMENT 2015-2018

Food, beverages and tobacco manufacturing industry
DEPUTY PRESIDENT KOVACIC	CANBERRA, 23 APRIL 2015

Application for approval of the International Flavours & Fragrances (Australia) Pty Ltd and National Union of Workers - Collective Agreement 2015-2018.

[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 2015-2018 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by the XX. The Agreement is a single-enterprise agreement.

[2] 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] 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) of the Act I note that the Agreement covers this organisation.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 30 April 2015. The nominal expiry date of the Agreement is 1 January 2018.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the Fair Work Commission involved an application for approval of a collective agreement between International Flavours & Fragrances (Australia) Pty Ltd and the National Union of Workers for the period 2015-2018. The Commission was tasked with determining whether the agreement met the necessary standards and requirements for approval under the Fair Work Act 2009. The primary concern was whether the agreement adequately addressed the terms and conditions of employment for the employees represented by the union, and whether it complied with the relevant provisions of the Fair Work Act.

The legal issues before the Commission included assessing whether the agreement provided for fair and reasonable terms and conditions of employment, whether it allowed for adequate protection against adverse action, and whether it complied with minimum standards set out in the relevant awards and the National Employment Standards. Additionally, the Commission needed to determine if the agreement was made in good faith and if it included provisions for the resolution of disputes between the parties.

The Fair Work Commission found that the collective agreement met the necessary standards for approval. The agreement provided for fair and reasonable terms and conditions of employment and contained provisions for protection against adverse action. The Commission was satisfied that the agreement complied with minimum standards and was made in good faith. Furthermore, it included mechanisms for the resolution of disputes between the parties. Consequently, the Commission approved the International Flavours & Fragrances (Australia) Pty Ltd and National Union of Workers - Collective Agreement 2015-2018. The approval was effective from the date of the Commission's decision and applied to all employees covered by 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