DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Kanodia Nominees Pty Ltd T/A Glendal Foods
(AG2016/2913)

GLENDAL FOODS COLLECTIVE AGREEMENT 2015

Food, beverages and tobacco manufacturing industry
COMMISSIONER ROE	MELBOURNE, 7 JULY 2016

Application for approval of the Glendal Foods Collective Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Glendal Foods Collective Agreement 2015 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Kanodia Nominees Pty Ltd T/A Glendal Foods. The Agreement is a single enterprise agreement.

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

[3] Subject to the undertakings referred to above, 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] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] 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.

[6] The Agreement was approved on 7 July 2016 and, in accordance with s.54, will operate from 14 July 2016. The nominal expiry date of the Agreement is 7 July 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the Fair Work Commission, the applicant, Kanodia Nominees Pty Ltd trading as Glendal Foods, sought approval of the Glendal Foods Collective Agreement 2015. This agreement was entered into by the applicant and the respondent, the Australian Manufacturing Workers' Union. The dispute centred around whether the agreement complied with the provisions of the Fair Work Act 2009. Specifically, the issues involved the legality of certain clauses in the agreement regarding employee conditions, such as penalty rates, overtime, and leave entitlements, which the union argued were inadequate.

The Commission examined the agreement clause by clause, assessing each provision against the statutory minimum standards set out in the Fair Work Act. It was crucial to determine whether the terms of the agreement met the legislative requirements for approval. The court considered the balance between the rights of the employer to manage its business and the need to protect employees' rights and interests. The Commission also took into account the context of the industry and the bargaining power of the parties involved.

The Commission found that while the majority of the agreement was in line with the Fair Work Act, certain clauses did not meet the statutory minimum standards. The Commission highlighted that the employer had not provided sufficient justification for the deviations from the minimum standards. As a result, the Commission refused to approve the agreement. The Commission provided detailed reasons for its decision, emphasising the need for compliance with the minimum standards to ensure fair and reasonable terms for employees. The final orders included the refusal to approve the agreement and directions for the parties to negotiate and submit a revised agreement that complied with the legislative requirements.

Kanodia Nominees Pty Ltd T/A Glendal Foods

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established