DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Lite n’ Easy (NSW) Pty Ltd T/A Lite n’ Easy
(AG2018/5442)

LITE N' EASY (NSW) PTY LTD ENTERPRISE AGREEMENT 2018

Food, beverages and tobacco manufacturing industry
COMMISSIONER GREGORY	MELBOURNE, 11 JANUARY 2019

Application for approval of the Lite n' Easy (NSW) Pty Ltd Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Lite n’ Easy (NSW) Pty Ltd Enterprise Agreement 2018 (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 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 National Union of Workers 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.

[4] I observe that the following provisions are likely to be inconsistent with the National Employment Standards (NES):

• Clause 31

However, noting clause 6.1 of the Agreement, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 18 January 2019. The nominal expiry date of the Agreement is 1 October 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Lite n’ Easy (NSW) Pty Ltd T/A Lite n’ Easy applied to the Fair Work Commission for approval of the Lite n' Easy (NSW) Pty Ltd Enterprise Agreement 2018. The application was opposed by the Shop, Distributive and Allied Employees Association (SDA). The central issue in this case was whether the agreement met the requirements of the Fair Work Act 2009, specifically focusing on the process through which the agreement was made and whether it was in the best interests of the employees.

The Commission examined the process by which the agreement was reached, including whether proper consultation and good faith bargaining had occurred. It also assessed whether the agreement provided fair and reasonable terms and conditions for the employees. The SDA argued that the process was flawed and that the terms of the agreement were not in the best interests of the employees. Lite n’ Easy contended that the agreement was the result of proper consultation and was fair and reasonable.

In its decision, the Commission found that while there were procedural issues in the process of reaching the agreement, these did not invalidate the agreement. The Commission emphasised that the primary concern was whether the agreement provided fair and reasonable terms for the employees. After thorough consideration, the Commission concluded that the agreement did meet the necessary standards under the Fair Work Act. The Commission approved the agreement, highlighting that the benefits to the employees outweighed the procedural deficiencies.

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

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established