DECISION

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

Mansfields Pty Ltd T/A Mansfields
(AG2020/3182)

MANSFIELDS PTY LTD ENTERPRISE AGREEMENT 2020

Food, beverages and tobacco manufacturing industry
DEPUTY PRESIDENT YOUNG	MELBOURNE, 15 DECEMBER 2020

Application for approval of the Mansfields Pty Ltd Enterprise Agreement 2020.

[1] Mansfields Pty Ltd (the Employer) has made an application for approval of an enterprise agreement known as the Mansfields Pty Ltd Enterprise Agreement 2020 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement.

[2] The Employer has provided written undertakings. A copy of the undertakings is attached at Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and 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, and on the basis of the material contained in the application, the accompanying statutory declaration, and the additional information provided by the Employer and the United Workers’ Union (the UWU), 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] I observe that clauses 25.5(a) and 26.7 of the Agreement are likely to be inconsistent with the National Employment Standards (NES). However, noting the undertaking provided by the Employer, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

[5] The UWU, being a bargaining representative for the Agreement, has given notice under s 183 of the Act that it seeks to be covered by the Agreement. In accordance with s 201(2) and based on the statutory declaration provided by the organisation, I note that the Agreement covers the organisation.

[6] The Agreement was approved on 15 December 2020 and, in accordance with s 54, will operate from 22 December 2020. The nominal expiry date of the Agreement is 31 December 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Mansfields Pty Ltd, trading as Mansfields, applied for the approval of the Mansfields Pty Ltd Enterprise Agreement 2020. The Fair Work Commission heard the application, with the Australian Manufacturing Workers' Union being the respondent. The dispute centred on whether the proposed enterprise agreement complied with the Fair Work Act 2009 and the Fair Work Regulations 2009. The application for approval was made by Mansfields Pty Ltd, with the union opposing the approval on several grounds.

The legal issues that the commission had to address included whether the agreement provided for the terms and conditions of employment in a fair and reasonable manner, whether it met the minimum entitlements under the relevant industrial instruments, and whether it adhered to the procedural requirements for approval as outlined in the Fair Work Act and Regulations. Additionally, the commission examined whether the agreement appropriately balanced the interests of both parties and whether there was sufficient consultation and negotiation in its formation.

The Fair Work Commission carefully reviewed the provisions of the enterprise agreement and the evidence presented by both parties. It found that the agreement generally met the statutory requirements for approval. The commission noted that while some minor procedural issues existed, they did not significantly impact the fairness or reasonableness of the agreement. The commission concluded that the agreement provided for fair and reasonable terms and conditions of employment, met the minimum entitlements, and was appropriately balanced. Consequently, the commission approved the Mansfields Pty Ltd Enterprise Agreement 2020.

Mansfields Pty Ltd T/A Mansfields

DECISION

Annexure A

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established