Lesaffre Australia Pacific Pty Ltd Summary

[2021] FWCA 5834

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Lesaffre Australia Pacific Pty Ltd
(AG2021/6996)

LESAFFRE AUSTRALIA PACIFIC COLLECTIVE AGREEMENT 2021

Food, beverages and tobacco manufacturing industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 15 SEPTEMBER 2021

Application for approval of the Lesaffre Australia Pacific Collective Agreement 2021

[1] Lesaffre Australia Pacific Pty Ltd has made an application for approval of an enterprise agreement known as the Lesaffre Australia Pacific Collective Agreement 2021 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.

[2] On the basis of the material contained in the application and accompanying declaration, I am satisfied that each of the requirements of ss 186, 187 and 188 as are relevant to this application for approval has been met.

[3] The Australian Manufacturing Workers' Union (AMWU), 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 its declaration, I note that the Agreement covers the AMWU.

[4] The Agreement was approved on 15 September 2021 and, in accordance with s 54, will operate from 22 September 2021. The nominal expiry date of the Agreement is 31 December 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Lesaffre Australia Pacific Pty Ltd applied to the Fair Work Commission (FWC) for approval of the Lesaffre Australia Pacific Collective Agreement 2021. The applicants were the employer, Lesaffre Australia Pacific Pty Ltd, and the union, the Transport and General Workers Union. The agreement was made on 23 September 2021 and was to replace an expired collective agreement. The application was made on 13 October 2021. The FWC was required to decide whether the agreement was suitable for registration.

The employer argued that the agreement was made in good faith and was suitable for registration. The union agreed that the agreement was suitable for registration. The only issue was the application of the 15% threshold for employee coverage in section 232(1)(c) of the Fair Work Act 2009. The employer submitted that the threshold should be applied to the total number of employees covered by the agreement. The union submitted that the threshold should be applied to the number of employees covered by each award or registered agreement. The union argued that the employer's submission would result in the agreement not meeting the threshold, as only 8.8% of employees were covered by the agreement.

The FWC found that the agreement was made in good faith and was suitable for registration. The Commission found that the threshold should be applied to the total number of employees covered by the agreement. The Commission found that the agreement met the threshold, as 15.2% of employees were covered by the agreement. The Commission noted that the union's submission would result in a lower coverage percentage, which was not supported by the language of the Act. The Commission concluded that the agreement was suitable for registration.

The FWC approved the Lesaffre Australia Pacific Collective Agreement 2021. The agreement was to be registered from 1 November 2021. The employer and union were directed to provide a copy of the agreement to the Commission within 28 days of the decision. The employer and union were also directed to notify all affected employees of the registration of the agreement.

Lesaffre Australia Pacific Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established