DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Loving Earth Pty Ltd T/A Loving Earth
(AG2019/1)

LOVING EARTH PTY LTD MANUFACTURING EMPLOYEES ENTERPRISE AGREEMENT 2018-2020

Food, beverages and tobacco manufacturing industry
COMMISSIONER GREGORY	MELBOURNE, 28 FEBRUARY 2019

Application for approval of the Loving Earth Manufacturing Employees Enterprise Bargaining Agreement 2018-2020.

[1] An application has been made for approval of an enterprise agreement known as the Loving Earth Manufacturing Employees Enterprise Bargaining Agreement 2018-2020 (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 7 March 2019. The nominal expiry date of the Agreement is 30 June 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter involved Loving Earth Pty Ltd trading as Loving Earth, which sought approval for its Manufacturing Employees Enterprise Bargaining Agreement 2018-2020. The Fair Work Commission was tasked with determining whether the agreement complied with the requirements of the Fair Work Act 2009. The primary issue before the Commission was whether the enterprise bargaining agreement met the criteria for approval, including whether it complied with the good faith bargaining requirements and whether it contained provisions that were contrary to public policy.

The Commission examined the evidence and submissions presented by both parties. It determined that the agreement was the product of genuine and good faith bargaining between the employer and the employees' representatives. The Commission found that the agreement contained provisions that were not contrary to public policy and met all the statutory requirements for approval. The Commission also considered the impact of the agreement on the employees, finding that it provided for a fair and reasonable outcome for both parties.

Accordingly, the Commission approved the Loving Earth Manufacturing Employees Enterprise Bargaining Agreement 2018-2020. The Commission made an order that the agreement be registered as a registered agreement under the Fair Work Act 2009. The agreement will now apply to the employees covered by the agreement and will remain in effect until the end of the agreement's term or until it is varied 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