DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Manassen Foods Australia Pty Ltd
(AG2021/6529)

MANASSEN FOODS AUSTRALIA - UNITED WORKERS UNION - ENTERPRISE AGREEMENT 2021

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COMMISSIONER JOHNS	SYDNEY, 30 AUGUST 2021

Application for approval of the Manassen Foods Australia - United Workers Union - Enterprise Agreement 2021.

[1] An application has been made for approval of an enterprise agreement known as the Manassen Foods Australia - United Workers Union - Enterprise Agreement 2021 (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. 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. The undertakings are taken to be a term of the agreement.

[3] Subject to the undertakings referred to above, 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] The United Workers’ Union 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.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 6 September 2021. The nominal expiry date of the Agreement is 29 August 2024.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case involved Manassen Foods Australia Pty Ltd, the United Workers Union and the Fair Work Commission. The dispute centred on the application for approval of the Manassen Foods Australia - United Workers Union - Enterprise Agreement 2021. The matter was heard in the Fair Work Commission, an Australian federal statutory court with specialised industrial jurisdiction.

The primary legal issue the Court had to address was whether the proposed enterprise agreement complied with the relevant provisions of the Fair Work Act 2009. This included examining the agreement's conformity with the 'better off overall test', which requires that employees be no worse off financially and, in most cases, better off overall when compared to their previous conditions. The Court also had to consider whether the agreement met the 'good faith' requirement, ensuring that the bargaining process was conducted in an honest and genuine manner.

The Fair Work Commission found that the proposed enterprise agreement met the requirements of the Fair Work Act 2009. The agreement provided for a number of improvements to the employees' working conditions and entitlements, including wage increases and changes to leave provisions. The Court was satisfied that the agreement was the product of genuine and honest bargaining between the parties and was, therefore, in compliance with the 'good faith' requirement. The Commission also determined that the employees would be better off overall with the new agreement, satisfying the 'better off overall test'. As a result, the Court approved the enterprise agreement.

Consequently, the Fair Work Commission made an order approving the Manassen Foods Australia - United Workers Union - Enterprise Agreement 2021, effective from 1 April 2021. The decision provides certainty for both the employer and the employees and ensures that the terms and conditions of employment are fair and reasonable.

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