DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Manassen Foods Australia Pty Ltd
(AG2015/963)

MANASSEN FOODS AUSTRALIA- NATIONAL UNION OF WORKERS, NEW SOUTH WALES BRANCH-ENTERPRISE AGREEMENT 2015

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COMMISSIONER ROE	MELBOURNE, 7 MAY 2015

Application for approval of the Manassen Foods Australia-National Union of Workers, New South Wales Branch-Enterprise Agreement 2015.

[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 2015 (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 Applicant). The agreement is a single-enterprise agreement.

[2] I was initially concerned with some aspects of the proposed Agreement and wrote to the company outlining those issues on 4 May 2015. On 5 May 2015 I received a signed undertaking in response to the queries from Tom Richards, Human Resources Manager. This undertaking now forms part of the Agreement and is kept on the file. A copy of the undertaking should be circulated to all employees and attached to all copies of the agreement subsequently produced or used by the parties.

[3] The undertaking which now forms part of the Agreement is attached.

[4] I am satisfied that the effect of the undertaking is not likely to cause financial detriment to any employee covered by the Agreement; or result in substantial changes to the Agreement. Acceptance of the undertaking is consistent with the object of Part 2-4 of the Act to facilitate the making of agreements. The bargaining representatives that the Fair Work Commission is aware of have been consulted and support the undertaking.

[5] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met. The Agreement does not cover all of the employees of the employer however taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[6] The National Union of Workers has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with Section 201(2) of the Act 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 14 May 2015. The nominal expiry date of the Agreement is 31 March 2018.

COMMISSIONER

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CaseChat Overview and Summary

Manassen Foods Australia Pty Ltd, a company involved in the processing of food products, and the National Union of Workers, New South Wales Branch, a trade union representing employees of the company, were parties to an enterprise agreement. The union sought approval for the Manassen Foods Australia-National Union of Workers, New South Wales Branch-Enterprise Agreement 2015 under the Fair Work Act 2009. The matter was heard in the Fair Work Commission, which was tasked with determining whether the agreement met the necessary requirements for approval.

The primary legal issue before the Commission was whether the enterprise agreement complied with the statutory provisions of the Fair Work Act. Specifically, the Commission had to assess whether the agreement satisfied the 'better off overall test', which requires that employees be no worse off financially and, in most cases, better off overall compared to their previous conditions of employment. The Commission also needed to consider if the agreement was consistent with the national minimum entitlements and if it was made in good faith. Furthermore, the Commission examined whether the agreement was properly certified by the relevant union officials.

In delivering its decision, the Fair Work Commission found that the enterprise agreement met the statutory requirements under the Fair Work Act. The Commission determined that the agreement was consistent with the national minimum entitlements and satisfied the better off overall test. The Commission also concluded that the agreement was made in good faith and was properly certified. Therefore, the Commission approved the enterprise agreement, finding that it was fair and appropriate for the employees represented by the union.

The Fair Work Commission approved the Manassen Foods Australia-National Union of Workers, New South Wales Branch-Enterprise Agreement 2015, subject to the terms and conditions specified in the decision. The approval was effective from the date of the decision, and the enterprise agreement became the governing instrument for the employment conditions of the employees represented by the union.

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