Loving Earth Pty Ltd

[2013] FWCA 8718

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Loving Earth Pty Ltd
(AG2013/10853)

LOVING EARTH PTY LTD MANUFACTURING EMPLOYEES ENTERPRISE AGREEMENT 2013 - 2016

Food, beverages and tobacco manufacturing industry
DEPUTY PRESIDENT KOVACIC	MELBOURNE, 6 NOVEMBER 2013

Application for approval of the Loving Earth Pty Ltd Manufacturing Employees Enterprise Agreement 2013 - 2016.

[1] An application has been made for approval of an enterprise agreement known as the Loving Earth Pty Ltd Manufacturing Employees Enterprise Agreement 2013 - 2016 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by Loving Earth Pty Ltd. The Agreement is a single-enterprise agreement.

[2] Subject to concerns that have been addressed by way of undertakings, 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.

[3] As noted, pursuant to s.190(3), I have accepted undertakings from Loving Earth Pty Ltd. In accordance with s.191(1) of the Act the undertakings are taken to be a term of the Agreement. A copy of the undertakings are attached to this decision.

[4] The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU), 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) of the Act I note that the Agreement covers this organisation.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 13 November 2013. The nominal expiry date of the Agreement is 30 June 2016.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Loving Earth Pty Ltd applied to the Fair Work Commission for approval of the Manufacturing Employees Enterprise Agreement 2013-2016. The Australian Manufacturing Workers' Union (AMWU) opposed the application, arguing that the agreement did not meet the requirements of the Fair Work Act 2009 (Cth). The Fair Work Commission was required to determine whether the agreement was in the public interest and whether it complied with the provisions of the Act.

The central legal issue before the Commission was whether the agreement contained provisions that were contrary to the provisions of the Act, specifically in relation to the terms of employment and conditions of work. The Commission considered whether the agreement provided for fair and reasonable terms and conditions of employment, and whether it included any provisions that were detrimental to the employees.

In its decision, the Fair Work Commission found that the agreement did not contain any provisions that were contrary to the Act. The Commission noted that the agreement provided for fair and reasonable terms and conditions of employment, and that it included provisions that were beneficial to the employees. The Commission also found that the agreement did not include any provisions that were detrimental to the employees, and that it did not contravene any of the provisions of the Act.

The Fair Work Commission approved the Manufacturing Employees Enterprise Agreement 2013-2016, finding that it met the requirements of the Act and was in the public interest. The Commission noted that the agreement provided for fair and reasonable terms and conditions of employment, and that it was beneficial to both the employees and the employer. The Commission also found that the agreement did not contain any provisions that were contrary to the Act, and that it did not contravene any of the provisions of the Act.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established