DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Loving Earth Pty Ltd T/A Loving Earth
(AG2016/1802)

LOVING EARTH PTY LTD MANUFACTURING, CUSTOMER SERVICE & PRODUCTION SUPPORT EMPLOYEES ENTERPRISE AGREEMENT 2016 - 2017

Food, beverages and tobacco manufacturing industry
COMMISSIONER GREGORY	MELBOURNE, 7 SEPTEMBER 2016

Application for approval of the Loving Earth Pty Ltd Manufacturing, Customer Service & Production Support Employees Enterprise Agreement 2016 - 2017.

[1] An application has been made for approval of an enterprise agreement known as the Loving Earth Pty Ltd Manufacturing, Customer Service & Production Support Employees Enterprise Agreement 2016 - 2017 (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 14 September 2016. The nominal expiry date of the Agreement is 30 June 2017.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Loving Earth Pty Ltd, trading as Loving Earth, filed an application for the approval of the Manufacturing, Customer Service & Production Support Employees Enterprise Agreement 2016 - 2017 with the Fair Work Commission. The primary parties involved in this case were Loving Earth Pty Ltd and the union representing the employees, the Shop, Distributive and Allied Employees Association (SDA). The dispute centred on the terms and conditions outlined in the proposed enterprise agreement, specifically whether they met the legal requirements for approval under the Fair Work Act 2009.

The legal issues before the Fair Work Commission included whether the proposed enterprise agreement complied with the procedural requirements of the Fair Work Act, such as the necessity for genuine bargaining, and whether the agreement contained terms that were unfair or contrary to public policy. The union argued that the agreement did not adequately represent the employees' interests, while the company contended that the agreement was the result of genuine bargaining and was fair and reasonable.

In reaching its decision, the Commission considered the evidence presented by both parties and the specific provisions of the Fair Work Act. The Commission found that there had been genuine bargaining and that the proposed agreement met the legal requirements for approval. The Commission noted that the agreement provided for fair and reasonable terms and conditions of employment and did not contain any terms that were contrary to public policy. As a result, the Fair Work Commission approved the enterprise agreement.

The final orders of the Fair Work Commission were that the Manufacturing, Customer Service & Production Support Employees Enterprise Agreement 2016 - 2017 be approved as a registered agreement under the Fair Work Act. The union's objections were dismissed, and the agreement was registered, effective from the date of the decision.

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