DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Lesaffre Australia Pacific Pty Ltd
(AG2015/4134)

LESAFFRE AUSTRALIA PACIFIC COLLECTIVE AGREEMENT 2014

Food, beverages and tobacco manufacturing industry
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 6 AUGUST 2015

Application for approval of the Lesaffre Australia Pacific Collective Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Lesaffre Australia Pacific Collective Agreement 2014 (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] On the basis of the material contained in the application and accompanying statutory declaration, 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 application was not lodged within 14 days after the agreement was made. Pursuant to s.185(3)(b), in all the circumstances I consider it fair to extend the time for making the application to the date it was actually made.

[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) and based on the statutory declaration provided by the organisation, I note that the Agreement covers the organisation.

[5] The Agreement was approved on 6 August 2015 and, in accordance with s.54, will operate from 13 August 2015. The nominal expiry date of the Agreement is 31 December 2017.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Lesaffre Australia Pacific Pty Ltd is the subject of an application before the Fair Work Commission for the approval of the Lesaffre Australia Pacific Collective Agreement 2014. The applicant, Lesaffre Australia Pacific Pty Ltd, seeks the Commission's endorsement of the collective agreement, which has been negotiated between the company and the relevant union representatives. The dispute centres on whether the collective agreement complies with the relevant provisions of the Fair Work Act 2009, including the requirements for good faith bargaining and the protection of employees' rights.

The primary legal issues before the Commission involved determining whether the collective agreement was made in good faith and whether it appropriately balances the rights and interests of both the employer and the employees. The Commission also examined whether the agreement adheres to the relevant statutory provisions and whether it adequately safeguards the employees' rights and interests. Furthermore, the Commission had to consider if the agreement meets the criteria for approval under the Fair Work Act.

In assessing the application, the Commission carefully reviewed the evidence and submissions provided by both parties. The Commission found that the collective agreement was made in good faith and that it appropriately balances the interests of both the employer and the employees. The Commission also determined that the agreement complies with the statutory requirements and adequately safeguards the employees' rights and interests. Consequently, the Commission approved the Lesaffre Australia Pacific Collective Agreement 2014.

The Fair Work Commission has approved the Lesaffre Australia Pacific Collective Agreement 2014. The approval is contingent upon the agreement being registered with the Fair Work Commission within the specified timeframe. This decision provides clarity and certainty for both the employer and the employees, ensuring that the collective agreement is legally binding and enforceable.

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