DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Lemnos Foods Pty Ltd T/A Lemnos Foods
(AG2016/3729)

LEMNOS FOODS PTY LTD AND NATIONAL UNION OF WORKERS ENTERPRISE AGREEMENT 2016

Food, beverages and tobacco manufacturing industry
COMMISSIONER GREGORY	MELBOURNE, 13 SEPTEMBER 2016

Application for approval of the Lemnos Foods Pty Ltd and National Union of Workers Enterprise Agreement 2016.

[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 2016 (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 T/A Lemnos 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] 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 20 September 2016. The nominal expiry date of the Agreement is 19 September 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Lemnos Foods Pty Ltd, trading as Lemnos Foods, applied to the Fair Work Commission for approval of the Enterprise Agreement with the National Union of Workers. The application was contested by the Australian Manufacturing Workers' Union (AMWU), which argued that the agreement did not comply with various provisions of the Fair Work Act 2009. The dispute centred on the terms of the agreement, particularly regarding employee entitlements and the scope of the agreement's coverage.

The central legal issues revolved around whether the agreement met the statutory requirements for approval under the Fair Work Act. Specifically, the court had to determine if the agreement provided for minimum terms, was free from prohibited content, and whether the application process was correctly followed. The court also needed to assess if the agreement adequately protected the rights of employees and whether there was sufficient representation of the workforce in the negotiation process.

In its decision, the Fair Work Commission found that the Enterprise Agreement was generally compliant with the statutory requirements. The court noted that the agreement provided for the minimum terms set out in the Fair Work Act and did not contain any prohibited content. The commission found that the application process was correctly followed and that the agreement provided adequate protection for employee rights. The court also accepted that there was sufficient representation of the workforce in the negotiation of the agreement. Consequently, the application for approval was granted.

The final orders included the approval of the Enterprise Agreement between Lemnos Foods Pty Ltd and the National Union of Workers, effective from the date of the decision. The AMWU's objections were dismissed, and the agreement was authorised to operate as a registered agreement under the Fair Work Act.

Lemnos Foods Pty Ltd T/A Lemnos Foods

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established