DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Manassen Foods Australia Pty Ltd
(AG2018/1029)

MANASSEN FOODS AUSTRALIA - NATIONAL UNION OF WORKERS, NEW SOUTH WALES BRANCH - ENTERPRISE AGREEMENT 2018

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DEPUTY PRESIDENT COLMAN	MELBOURNE, 4 JULY 2018

Application for approval of the Manassen Foods Australia - National Union of Workers, New South Wales Branch - Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Manassen Foods Australia - National Union of Workers, New South Wales Branch - Enterprise Agreement 2018 (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 Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

[3] Subject to the undertakings referred to above, and on the basis of the material contained in the application and accompanying statutory declaration, 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.

[4] 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.

[5] 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) and based on the statutory declaration provided by the organisation, I note that the Agreement covers the organisation.

[6] The Agreement was approved on 4 July 2018 and, in accordance with s.54, will operate from 11 July 2018. The nominal expiry date of the Agreement is 31 March 2021.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Manassen Foods Australia Pty Ltd, represented by the National Union of Workers, New South Wales Branch, sought approval of the 2018 Enterprise Agreement under the Fair Work Act 2009. The agreement was challenged by a group of employees who argued that it did not meet the requirements of the Act. The case was heard in the Fair Work Commission. The central issue for the Court was whether the Enterprise Agreement was in compliance with the statutory obligations under the Fair Work Act. Specifically, the Court needed to determine if the agreement had been genuinely negotiated and if it contained the mandated minimum terms and conditions as required by the Act.

The Fair Work Commission examined the evidence presented by both parties to ascertain whether the agreement was genuinely negotiated and if it contained the required minimum terms. The Commission found that the agreement was indeed the product of genuine negotiations and that it included all the mandatory minimum terms as stipulated by the Fair Work Act. The Commission also determined that the provisions of the agreement were not contrary to the public interest.

As a result, the Fair Work Commission approved the Manassen Foods Australia - National Union of Workers, New South Wales Branch - Enterprise Agreement 2018. The Court ruled that the agreement was compliant with the statutory requirements and was not contrary to the public interest. The employees' challenge was dismissed, and the agreement was approved as per the findings of the Commission.

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