DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Mansfields Pty Ltd
(AG2016/4371)

MANSFIELDS PTY LTD ENTERPRISE AGREEMENT 2016

Food, beverages and tobacco manufacturing industry
COMMISSIONER GREGORY	MELBOURNE, 31 AUGUST 2016

Application for approval of the Mansfields Pty Ltd Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Mansfields Pty Ltd Enterprise Agreement 2016 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Mansfields 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, 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 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) 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 7 September 2016. The nominal expiry date of the Agreement is 30 June 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The applicant, Mansfields Pty Ltd, sought approval of the Mansfields Pty Ltd Enterprise Agreement 2016 from the Fair Work Commission. The dispute centred around the terms of the enterprise agreement which proposed changes to the employees' working conditions and remuneration. The Commission was tasked with determining whether the agreement complied with the relevant legislative provisions and if it was appropriate for the agreement to be approved.

The primary legal issue before the Commission was whether the enterprise agreement met the necessary criteria for approval under the Fair Work Act 2009. This included whether the agreement was made in good faith, covered the necessary matters, and was free from any prohibited content. The Commission also had to consider whether the agreement was procedurally sound and if it provided for the proper balance of rights and obligations between the employer and the employees.

In delivering its decision, the Commission found that the agreement was made in good faith and covered all the necessary matters. The Commission noted that while there were some procedural issues, they were not significant enough to invalidate the agreement. The Commission further determined that the agreement did not contain any prohibited content and provided a fair balance of rights and obligations between the parties. Consequently, the Commission approved the Mansfields Pty Ltd Enterprise Agreement 2016.

The Fair Work Commission approved the Mansfields Pty Ltd Enterprise Agreement 2016, finding that it met the necessary criteria for approval under the Fair Work Act 2009. The Commission determined that the agreement was made in good faith, covered the necessary matters, and did not contain any prohibited content. The procedural issues identified were not sufficient to invalidate the agreement, and the agreement provided a fair balance of rights and obligations between the parties.

Mansfields 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