Lite n’ Easy (NSW) Pty Ltd Summary

[2021] FWCA 6240

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Lite n’ Easy (NSW) Pty Ltd
(AG2021/7674)

LITE N’ EASY (NSW) PTY LTD ENTERPRISE AGREEMENT 2021

Food, beverages and tobacco manufacturing industry
DEPUTY PRESIDENT DEAN	CANBERRA, 12 OCTOBER 2021

Application for approval of the Lite n’ Easy (NSW) Pty Ltd Enterprise Agreement 2021.

[1] An application has been made for approval of an enterprise agreement known as the Lite n’ Easy (NSW) 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 Lite n’ Easy (NSW) Pty Ltd. The Agreement is a single enterprise agreement.

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

[3] The United Workers’ Union, 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] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 19 October 2021. The nominal expiry date of the Agreement is 1 October 2022.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Lite n’ Easy (NSW) Pty Ltd recently applied to the Fair Work Commission for approval of their Enterprise Agreement 2021. The dispute centred on the specifics of the proposed agreement, which was intended to regulate the terms and conditions of employment for the company’s staff. The matter was brought before the Commission, a tribunal with specific jurisdiction over industrial relations matters in Australia.

The primary legal issues revolved around whether the proposed agreement met the statutory requirements outlined in the Fair Work Act 2009. These requirements include ensuring the agreement provides for the minimum entitlements of employees, including minimum wages, leave entitlements, and other basic conditions of employment. Furthermore, the Commission had to assess whether the agreement was made in good faith and whether it was properly certified by an independent third party. The company argued that the agreement was fair and reasonable, while some employee representatives contended that certain provisions were inadequate.

In reaching its decision, the Commission examined the content of the proposed agreement against the statutory framework. It found that the agreement largely complied with the minimum standards set out in the Fair Work Act. The Commission also determined that the agreement was certified by a recognised independent body, thereby meeting another statutory requirement. After weighing the arguments from both sides, the Commission concluded that the agreement was made in good faith and was fair and reasonable. Consequently, the Commission approved the Enterprise Agreement 2021.

The final orders of the Commission included the approval of the Enterprise Agreement 2021, subject to certain conditions to ensure compliance with the Fair Work Act. The company was directed to implement the approved agreement and to provide regular reports to the Commission to verify adherence to the terms. The decision underscores the importance of meeting statutory requirements and the role of the Commission in ensuring fair industrial relations practices.

Lite n’ Easy (NSW) Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established