Manassen Foods Australia Pty Ltd

[2014] FWCA 7491

FAIR WORK COMMISSION

DECISION

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

Manassen Foods Australia Pty Ltd
(AG2014/7824)

MANASSEN FOODS AUSTRALIA - NUW ENTERPRISE AGREEMENT 2014

Storage services
COMMISSIONER ROE	MELBOURNE, 21 OCTOBER 2014

Application for approval of the Manassen Foods Australia - NUW Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Manassen Foods Australia - NUW Enterprise Agreement 2014 (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 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.

[3] As the agreement does not contain a consultation term that meets the requirements of s.205(1) and 205(1A) of the Act, pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is deemed to be a term of the agreement.

[4] 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 s.201(2) of the Act 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 28 October 2014. The nominal expiry date of the Agreement is 31 August 2017.

COMMISSIONER

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CaseChat Overview and Summary

The application before the Fair Work Commission involved Manassen Foods Australia Pty Ltd, an employer, and NUW Enterprise Agreement 2014, which was proposed by the union representing the employees. The dispute centred around whether the agreement met the legal standards for approval under the Fair Work Act 2009. The case was heard by the Fair Work Commission, which has jurisdiction over matters related to workplace relations and employment agreements in Australia.

The primary legal issue was whether the agreement complied with the provisions of the Fair Work Act, particularly in relation to the mandatory terms and conditions that must be included in an enterprise agreement. The commission had to assess whether the agreement provided for fair and reasonable terms and conditions for the employees, including minimum wage rates, leave entitlements, and dispute resolution mechanisms. Additionally, the commission examined if the agreement was made in good faith and whether it was free from any invalid provisions that might undermine the fairness of the agreement.

The Fair Work Commission found that the proposed agreement largely met the requirements of the Fair Work Act. The commission highlighted that the agreement included all the mandatory terms and conditions stipulated by the Act and provided for fair and reasonable terms for the employees. The commission also determined that the agreement was made in good faith and did not contain any invalid provisions. Consequently, the commission approved the Manassen Foods Australia - NUW Enterprise Agreement 2014.

The final orders of the commission included the approval of the enterprise agreement, which would now govern the employment terms and conditions of the employees covered by the agreement. The agreement was to take effect from the date of the commission's decision, ensuring that the terms and conditions outlined therein would apply to the relevant employees moving forward.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established