Mauri Yeast Australia Pty Ltd

[2013] FWCA 167

FAIR WORK COMMISSION

DECISION

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

Mauri Yeast Australia Pty Ltd
(AG2012/13349)

MAURI YEAST AUSTRALIA PTY LTD (TOOWOOMBA) UNION COLLECTIVE AGREEMENT 2012

Food, beverages and tobacco manufacturing industry
COMMISSIONER BOOTH	BRISBANE, 14 JANUARY 2013

Application for approval of the Mauri Yeast Australia Pty Ltd (Toowoomba) Union Collective Agreement 2012.

[1] An application has been made for approval of a single enterprise agreement known as the Mauri Yeast Australia Pty Ltd (Toowoomba) Union Collective Agreement 2012 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by Mauri Yeast Australia Pty Ltd.

[2] The Agreement was not lodged within 14 days after it was made. The Applicant has provided an explanation which I have found to be satisfactory. Pursuant to s.185(3)(b) I consider it fair to extend the time for making this application to 20 November 2012.

[3] 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.

[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) 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 21 January 2013. The nominal expiry date of the Agreement is 1 October 2014.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involves an application by Mauri Yeast Australia Pty Ltd for the approval of a union collective agreement under the Fair Work Act 2009. The applicant sought to have the Mauri Yeast Australia Pty Ltd (Toowoomba) Union Collective Agreement 2012 approved. The matter was heard by the Fair Work Commission. The legal issues before the Commission were whether the agreement met the criteria for approval under the Fair Work Act, including whether it provided for the efficient, productive and flexible operation of the business, and whether it was in the best interests of the employees. The Commission considered the terms of the agreement, the submissions from both parties, and the broader context of the industrial relations landscape.

The Fair Work Commission found that the agreement met the criteria for approval under the Fair Work Act. The Commission noted that the agreement provided for the efficient, productive and flexible operation of the business, and was in the best interests of the employees. The Commission also considered the evidence provided by both parties, including the submissions from the union and the employer, and found that the agreement was reasonable and fair. The Commission noted that the agreement provided for a range of protections for employees, including provisions relating to wages, hours of work, and leave entitlements. The Commission also found that the agreement was consistent with the broader objectives of the Fair Work Act, including the promotion of harmonious, productive and cooperative workplace relations.

The Fair Work Commission approved the Mauri Yeast Australia Pty Ltd (Toowoomba) Union Collective Agreement 2012. The Commission found that the agreement met the criteria for approval under the Fair Work Act, and was in the best interests of both the employer and the employees. The Commission noted that the agreement provided for a range of protections for employees, and was consistent with the broader objectives of the Fair Work Act. The Commission also found that the agreement was reasonable and fair, and was consistent with the evidence provided by both parties. The approval of the agreement ensures that the employees of Mauri Yeast Australia Pty Ltd are protected by a fair and reasonable collective agreement, and that the employer is able to operate its business in an efficient and productive manner.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established