Manassen Foods Australia Pty Ltd T/A Manassen Foods Australia Pty Ltd

[2024] FWCA 2788

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Manassen Foods Australia Pty Ltd T/A Manassen Foods Australia Pty Ltd

(AG2024/2647)

MANASSEN FOODS AUSTRALIA - UNITED WORKERS UNION -ENTERPRISE AGREEMENT 2024

Food, beverages and tobacco manufacturing industry
COMMISSIONER CRAWFORD	SYDNEY, 29 JULY 2024

Application for approval of the Manassen Foods Australia - United Workers Union - Enterprise Agreement 2024

An application has been made for approval of an enterprise agreement known as the Manassen Foods Australia - United Workers Union - Enterprise Agreement 2024 (Agreement). The Application was made pursuant to s.185 of the Fair Work Act 2009 (FW Act). It has been made by Manassen Foods Australia Pty Ltd. The Agreement is a single enterprise agreement.

I am satisfied that each requirement of ss.186, 187 and 188 of the FW Act as are relevant to this application for approval have been met.

Noting clause 5.3 of the Agreement, I am satisfied that the more beneficial entitlements of the NES in the FW Act will prevail where there is an inconsistency between the Agreement and the NES. This clause will have work to do because the following conditions in the Agreement appear inferior to the NES:

· Clause 28 – Compassionate Leave: This provision has not been updated to include the NES entitlements arising in relation to a miscarriage or stillbirth.

· Clause 30.2: There are no exclusions from the requirement to pay annual leave loading on leave accrued upon termination under the NES due to s.90(2) of the FW Act. The Agreement purports to exclude the payment of leave loading on termination in some cases.

· Clause 26 and 27: These provisions reduce some personal/carers leave entitlements under the NES. Clause 26.1 excludes the entitlement to access paid leave where the illness or injury is caused by serious and wilful misconduct. Clause 27.1(1) does not refer to providing care where a person is injured. Clause 27.1(3) does not provide a separate entitlement to care for members of the employee’s household who are not relatives.

· The reference to “men” in clause 18.1(2) of the Agreement should be read as “employees”.

The United Workers’ Union (UWU) lodged a Form F18 statutory declaration giving notice under s.183 of the FW Act that it wants the Agreement to cover it. In accordance with s.201(2) of the FW Act, I note the Agreement covers the UWU.

The Agreement is approved and will commence operating on 29 August 2024 in accordance with clause 4.2 of the Agreement and s.54(1)(b) of the FW Act. The nominal expiry date of the Agreement is 1 April 2027.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Manassen Foods Australia Pty Ltd, trading as Manassen Foods Australia Pty Ltd, has applied for the approval of its 2024 Enterprise Agreement with the United Workers Union. The application was heard by the Fair Work Commission (FWC) to determine if the agreement met the necessary standards under the Fair Work Act 2009. The dispute centred on whether the terms of the agreement complied with the requirements for enterprise agreements under the Act, including provisions relating to minimum wages, penalty rates, and other employment conditions.

The legal issues before the FWC involved assessing the compliance of the agreement with the Fair Work Act, particularly focusing on the mandatory provisions that must be included in an enterprise agreement. The FWC examined whether the agreement provided for minimum rates of pay and penalty rates, as well as other terms and conditions that were fair and reasonable. Additionally, the FWC considered whether the agreement was made in good faith and whether it provided for the resolution of disputes between the parties.

In its decision, the FWC found that the Manassen Foods Australia - United Workers Union - Enterprise Agreement 2024 complied with the mandatory provisions of the Fair Work Act. The FWC determined that the agreement provided for the minimum rates of pay and penalty rates, as well as other terms and conditions that were fair and reasonable. The FWC also concluded that the agreement was made in good faith and provided for the resolution of disputes. Therefore, the FWC approved the agreement, deeming it to be compliant with the statutory requirements.

The FWC approved the Manassen Foods Australia - United Workers Union - Enterprise Agreement 2024, finding it to be compliant with the Fair Work Act. The decision confirmed the terms of the agreement, ensuring that the employees covered by the agreement would receive fair and reasonable terms and conditions of employment.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established