DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Loving Earth Pty Ltd T/A Loving Earth
(AG2017/1959)

LOVING EARTH PTY LTD MANUFACTURING & CUSTOMER SERVICE EMPLOYEES ENTERPRISE AGREEMENT 2017 - 2018

Food, beverages and tobacco manufacturing industry
COMMISSIONER LEE	MELBOURNE, 14 AUGUST 2017

Application for approval of the Loving Earth Pty Ltd Manufacturing & Customer Service Employees Enterprise Agreement 2017 - 2018.

[1] An application has been made for approval of an enterprise agreement known as the Loving Earth Pty Ltd Manufacturing & Customer Service Employees Enterprise Agreement 2017 - 2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Loving Earth Pty Ltd T/A Loving Earth. 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] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[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) I note that the Agreement covers the organisation.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 21 August 2017. The nominal expiry date of the Agreement is 30 June 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case before the Fair Work Commission involved Loving Earth Pty Ltd, trading as Loving Earth, and the Manufacturing & Customer Service Employees Enterprise Agreement 2017-2018. The primary dispute centred around the application for the approval of this enterprise agreement. The application was made under the Fair Work Act 2009, seeking the commission's endorsement of the agreement's terms, which had been negotiated between the employer and its employees.

The legal issues that the commission had to address included whether the agreement met the statutory requirements for approval, including compliance with the procedural fairness provisions. Specifically, the commission needed to determine if the agreement was a genuine bargain, whether it contained the minimum terms and conditions mandated by law, and if the necessary consultation processes were followed. Additionally, the commission had to consider whether the agreement would provide for the fair and reasonable resolution of workplace issues and whether it complied with the public interest.

In its reasoning, the commission found that the agreement was a genuine bargain, as it was the result of proper negotiation between the parties. The commission noted that the agreement contained all the minimum terms and conditions as required by the Fair Work Act. It also found that the necessary consultation processes were followed, and the agreement would provide for the fair and reasonable resolution of workplace issues. The commission determined that the agreement was in the public interest and did not contravene any provisions of the Fair Work Act. Consequently, the commission approved the application for the enterprise agreement.

The final orders of the commission included the approval of the Manufacturing & Customer Service Employees Enterprise Agreement 2017-2018, effective from the date of the decision. The agreement was to be registered with the Fair Work Commission and would govern the terms and conditions of employment for the relevant employees until it was terminated or replaced by a new agreement.

Loving Earth Pty Ltd T/A Loving Earth

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established