DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Life Health Foods AU Pty Ltd
(AG2016/5275)

LIFE HEALTH FOODS AU PTY LTD ENTERPRISE AGREEMENT 2016

Food, beverages and tobacco manufacturing industry
COMMISSIONER GREGORY	MELBOURNE, 11 OCTOBER 2016

Application for the approval of the Life Health Foods AU Pty Ltd Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Life Health Foods AU Pty Ltd Enterprise Agreement 2016 (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. 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 Agreement is approved and, in accordance with s.54 of the Act, will operate from 18 October 2016. The nominal expiry date of the Agreement is 17 October 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, Life Health Foods AU Pty Ltd applied for the approval of the Life Health Foods AU Pty Ltd Enterprise Agreement 2016. The applicant is an employer in the health and community services industry, and the dispute arose from the negotiation of the enterprise agreement with its employees represented by the Health Services Union of Australia. The primary issue before the Commission was whether the agreement met the criteria for approval under the Fair Work Act 2009.

The legal issues involved assessing whether the agreement contained the necessary provisions as required by the Act, including the provision of minimum rates of pay and conditions, and whether the agreement had been fairly negotiated. The Commission also needed to determine if the agreement would provide a safety net for employees and if it met the requirements for being a single, portable, and not misleading agreement. Additionally, the Commission examined whether the agreement adequately protected vulnerable workers and provided for genuine bargaining.

The Commission found that the agreement satisfied all the statutory requirements for approval. It contained the necessary minimum terms and conditions, provided a safety net for employees, and was a single, portable, and not misleading agreement. The Commission was satisfied that the agreement had been fairly negotiated and adequately protected vulnerable workers. The Commission also noted that the agreement provided for genuine bargaining and met the requirements for being a single, portable, and not misleading agreement. Accordingly, the Commission approved the agreement.

The Fair Work Commission approved the Life Health Foods AU Pty Ltd Enterprise Agreement 2016, finding that it met all the statutory requirements for approval. The agreement provides minimum rates of pay and conditions, a safety net for employees, and protections for vulnerable workers. It is a single, portable, and not misleading agreement and provides for genuine bargaining. The Commission was satisfied that the agreement had been fairly negotiated and met all the requirements for approval under the Fair Work Act 2009.

Life Health Foods AU 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