Lite n' Easy (NSW) Pty Ltd T/A Lite n' Easy

[2023] FWCA 118

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

Lite n' Easy (NSW) Pty Ltd T/A Lite n' Easy

(AG2022/5467)

LITE N’ EASY (NSW) PTY LTD ENTERPRISE AGREEMENT 2022

Food, beverages and tobacco manufacturing industry
COMMISSIONER SPENCER	BRISBANE, 13 JANUARY 2023

Application for approval of the Lite n’ Easy (NSW) Pty Ltd Enterprise Agreement 2022

An application has been made for approval of an enterprise agreement known as the Lite n’ Easy (NSW) Pty Ltd Enterprise Agreement 2022 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Lite n' Easy (NSW) Pty Ltd T/A Lite n' Easy (the Applicant). The Agreement is a single enterprise agreement.

I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

The United Workers’ Union (UWU) 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) I note that the Agreement covers the organisation.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 20 January 2023. The nominal expiry date of the Agreement is 1 October 2025.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, Lite n' Easy (NSW) Pty Ltd trading as Lite n' Easy, sought approval for the Lite n' Easy (NSW) Pty Ltd Enterprise Agreement 2022. The dispute arose in the Fair Work Commission, where the applicant sought to have the agreement approved and registered under the Fair Work Act 2009. The legal issues for the Commission to determine were whether the agreement met the procedural requirements for approval and whether it contained appropriate dispute resolution provisions. The Commission had to assess if the agreement was made in good faith and if it complied with the Fair Work Act.

The Commission considered whether the agreement was made in good faith, taking into account the process followed in its creation and the fairness of its terms. The applicant argued that the agreement was negotiated in good faith and that it provided for appropriate dispute resolution mechanisms. The Commission evaluated the evidence presented by the applicant and concluded that the agreement was indeed made in good faith. It also found that the dispute resolution provisions within the agreement were appropriate and in line with the requirements of the Fair Work Act.

After thorough consideration, the Commission approved the Lite n' Easy (NSW) Pty Ltd Enterprise Agreement 2022. The Commission found that the agreement met all the necessary criteria for approval and registration under the Fair Work Act. The applicant's argument regarding the good faith of the agreement and the adequacy of the dispute resolution provisions was accepted. Consequently, the Commission registered the agreement, and it will now govern the employment conditions of the relevant employees.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established