DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Lesaffre Australia Pacific Pty Ltd
(AG2018/5717)

LESAFFRE AUSTRALIA PACIFIC COLLECTIVE AGREEMENT 2018

Food, beverages and tobacco manufacturing industry
COMMISSIONER WILSON	MELBOURNE, 31 JANUARY 2019

Application for approval of the Lesaffre Australia Pacific Collective Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Lesaffre Australia Pacific Collective 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 Lesaffre Australia Pacific Pty Ltd. The Agreement is a single enterprise agreement.

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

[3] The National Union of Workers and “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) I note that the Agreement covers these organisations.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 February 2019. The nominal expiry date of the Agreement is 31 December 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Lesaffre Australia Pacific Pty Ltd applied to the Fair Work Commission for approval of a collective agreement made with its employees. The applicant, a company involved in the production of yeast and fermentation products, sought to implement the Lesaffre Australia Pacific Collective Agreement 2018. The dispute centred on whether the agreement met the necessary requirements for approval under the Fair Work Act 2009. The legal issues primarily involved the interpretation of the Act and whether the agreement adhered to the provisions concerning coverage, terms, and procedural fairness.

The Fair Work Commission examined the agreement to determine if it complied with the statutory requirements. This involved assessing whether the agreement covered employees within the scope of the company's business, if the terms were consistent with the Fair Work Act, and whether the necessary procedural steps had been followed. The Commission also considered if the agreement provided fair terms and conditions, including any necessary safeguards to protect the employees' rights. The applicant needed to demonstrate that the agreement was made in good faith and without coercion.

Upon review, the Commission found that the Lesaffre Australia Pacific Collective Agreement 2018 met all the necessary statutory requirements. The agreement was comprehensive in its coverage, fair in its terms, and had been made in accordance with the procedural requirements set out in the Fair Work Act. The Commission approved the agreement, recognising that it provided a fair and balanced set of terms and conditions for the employees. The decision was made on the basis that the agreement complied with all relevant provisions of the Act.

The Fair Work Commission approved the Lesaffre Australia Pacific Collective Agreement 2018, determining that it met all the necessary statutory requirements and provided fair terms and conditions for the employees. The applicant's application was successful, and the agreement was approved for implementation.

Lesaffre Australia Pacific 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