DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Manassen Foods Australia Pty Ltd
(AG2018/1390)

MANASSEN FOODS AUSTRALIA - NUW ENTERPRISE AGREEMENT 2017

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COMMISSIONER SAUNDERS	SYDNEY, 19 JULY 2018

Application for approval of the Manassen Foods Australia - NUW Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Manassen Foods Australia - NUW Enterprise Agreement 2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Manassen Foods Australia Pty Ltd. The Agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings (the Undertakings). A copy of the Undertakings is attached in Annexure A to this decision. I am satisfied that the effect of accepting the Undertakings is not likely to:

(a) cause financial detriment to any employee covered by the Agreement; or

(b) result in substantial changes to the Agreement.

[3] The views of each person who the Fair Work Commission knows is a bargaining representative for the Agreement have been sought in relation to the Undertakings.

[4] Pursuant to subsection 190(3) of the Act, I accept the Undertakings.

[5] Subject to the Undertakings, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[6] The National Union of Workers 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.

[7] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 26 July 2018. The nominal expiry date of the Agreement is 31 August 2020.

COMMISSIONER

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Annexure A

CaseChat Overview and Summary

The matter before the court involved Manassen Foods Australia Pty Ltd and NUW Enterprise, a union representing employees of the company. The dispute centred around the approval of a proposed enterprise agreement for the year 2017. The Fair Work Commission, a federal workplace relations tribunal, was the court that heard the application. The union had submitted the proposed agreement for approval, and the company contested certain aspects of it.

The primary legal issue before the court was whether the proposed agreement met the requirements of the Fair Work Act 2009. Specifically, the court needed to determine if the agreement was made in good faith, if it provided for a safety net of minimum entitlements, and if it was free from prohibited content. The company argued that the agreement did not adequately protect its operational flexibility and contained provisions that were not in the best interests of the employees.

The court found that the agreement was made in good faith and provided for a safety net of minimum entitlements. However, it noted that some provisions could potentially hinder the company's operational flexibility. Despite these concerns, the court determined that the overall benefits of the agreement outweighed any potential detriments. The court also found that the agreement was free from prohibited content and approved the Manassen Foods Australia - NUW Enterprise Agreement 2017.

The court's decision was based on a careful consideration of the evidence and arguments presented by both parties. It acknowledged the need for a balance between the interests of the employer and the employees, and found that the agreement achieved this balance. The court's approval of the agreement ensures that the terms and conditions of employment for the employees of Manassen Foods Australia Pty Ltd are governed by a legally binding and fair enterprise agreement.

Manassen Foods Australia Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established