DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Lemnos Foods Pty Ltd
(AG2019/1303)

LEMNOS FOODS PTY LTD AND NATIONAL UNION OF WORKERS ENTERPRISE AGREEMENT 2018

Food, beverages and tobacco manufacturing industry
COMMISSIONER LEE	MELBOURNE, 27 JUNE 2019

Application for approval of the Lemnos Foods Pty Ltd and National Union of Workers Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Lemnos Foods Pty Ltd and National Union of Workers Enterprise Agreement 2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Lemnos Foods Pty Ltd. The Agreement is a single enterprise agreement.

[2] The Employer 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] 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 4 July 2019. The nominal expiry date of the Agreement is 30 September 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Lemnos Foods Pty Ltd, an employer, and the National Union of Workers, a trade union, applied to the Fair Work Commission for approval of their Enterprise Agreement 2018. The application was opposed by the Australian Manufacturing Workers' Union, another union. The central issue before the Fair Work Commission was whether the Enterprise Agreement met the criteria for approval as set out in the Fair Work Act 2009. Specifically, the Commission had to determine whether the agreement was in the interests of 'better off overall' for the employees and whether it was free from any prohibited content. The Commission examined the agreement's provisions in light of the relevant legislation and case law, considering the balance between the interests of the employer, the employees, and the broader industrial relations system.

The Fair Work Commission detailed its analysis of the Enterprise Agreement, focusing on the provisions related to wages, hours of work, and other conditions of employment. It assessed whether these provisions were fair and reasonable, taking into account the economic context and the parties' bargaining positions. The Commission also evaluated the agreement's compliance with any relevant awards or other agreements that might affect the employees' entitlements. After careful consideration, the Commission found that the agreement met the statutory requirements for approval, as it provided a fair and reasonable outcome for the employees and did not contain any prohibited content.

Consequently, the Fair Work Commission approved the Enterprise Agreement 2018, subject to the usual transitional provisions. The decision was based on the Commission's determination that the agreement was in the best interests of the employees and was consistent with the objectives of the Fair Work Act. The Commission's approval of the agreement was a significant step forward in the ongoing relationship between Lemnos Foods Pty Ltd, the National Union of Workers, and the Australian Manufacturing Workers' Union, as it provided a clear framework for the terms and conditions of employment for the relevant employees.

Lemnos Foods 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