DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Life Health Foods AU Pty Ltd T/A Life Health Foods
(AG2019/313)

LIFE HEALTH FOODS AU PTY LTD ENTERPRISE AGREEMENT 2019

Food, beverages and tobacco manufacturing industry
COMMISSIONER JOHNS	MELBOURNE, 11 APRIL 2019

Application for approval of the Life Health Foods AU Pty Ltd Enterprise Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the Life Health Foods AU Pty Ltd Enterprise Agreement 2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Cth) (the Act). It has been made by Life Health Foods AU Pty Ltd T/A Life Health Foods. 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 Agreement is approved and, in accordance with s.54 of the Act, will operate from 18 April 2019. The nominal expiry date of the Agreement is 10 April 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The parties involved in this case were Life Health Foods AU Pty Ltd, trading as Life Health Foods, and the Australian Manufacturing Workers' Union. The dispute centred on the application for the approval of the Life Health Foods AU Pty Ltd Enterprise Agreement 2019. The Fair Work Commission was tasked with considering whether the agreement met the legal requirements for approval under the Fair Work Act 2009.

The central legal issue before the Commission was whether the agreement complied with the various statutory provisions designed to ensure fair terms of employment. This included whether the agreement provided for minimum wages and conditions, and whether it had been genuinely negotiated in good faith. The Commission also had to consider whether the agreement was free from any elements that might unduly restrict the rights of employees or employers.

The Fair Work Commission found that the agreement was largely compliant with the statutory requirements. It noted that the agreement provided for appropriate minimum wages and conditions, and that it appeared to have been negotiated in good faith. The Commission was satisfied that the agreement did not contain any provisions that unduly restricted the rights of either party. Therefore, the Commission approved the agreement, finding that it met the necessary criteria for endorsement.

As a result of the Commission's decision, the Life Health Foods AU Pty Ltd Enterprise Agreement 2019 was approved and could be implemented. The Commission's approval signified that the agreement was fair and balanced, providing a legally sound framework for the employment relationship between Life Health Foods AU Pty Ltd and its employees.

Life Health Foods AU Pty Ltd T/A Life Health Foods

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established