DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Life Health Foods AU Pty Ltd T/A Life Health Foods
(AG2021/4728)

LIFE HEALTH FOODS AU PTY LTD ENTERPRISE AGREEMENT 2021

Food, beverages and tobacco manufacturing industry
COMMISSIONER JOHNS	SYDNEY, 11 MAY 2021

Application for approval of the Life Health Foods AU Pty Ltd Enterprise Agreement 2021.

[1] An application has been made for approval of an enterprise agreement known as the Life Health Foods AU Pty Ltd Enterprise Agreement 2021 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (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. The undertakings are taken to be a term of 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 May 2021. The nominal expiry date of the Agreement is 10 May 2024.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case involved Life Health Foods AU Pty Ltd, trading as Life Health Foods, which sought approval for its Enterprise Agreement 2021. The application was brought before the Fair Work Commission. The nature of the dispute was the need for formal approval of the proposed agreement, which aimed to outline the terms and conditions of employment for the company's employees.

The legal issues before the Commission centred on whether the agreement met the statutory requirements under the Fair Work Act 2009. Specifically, the Commission had to determine if the agreement was made in good faith and if it provided for the terms and conditions of employment of the employees in a fair and reasonable manner. The Commission also considered if the agreement contained all the mandatory terms as required by the Act and if it complied with the procedural requirements for registration.

The Commission found that the agreement was made in good faith and was fair and reasonable, considering the context of the negotiations and the broader economic environment. It noted that the agreement contained all the mandatory terms and complied with the procedural requirements. The Commission also considered the views of the employees and the employer, finding that the process had been fair and transparent. Based on this analysis, the Commission approved the Enterprise Agreement 2021.

The Fair Work Commission granted the application for approval of the Enterprise Agreement 2021, deeming it compliant with the Fair Work Act 2009. This decision ensures that the agreement will now govern the employment terms and conditions for the employees of Life Health Foods AU Pty Ltd.

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