Mauri Yeast Australia Pty Ltd T/A Mauri Yeast Australia Summary

[2014] FWCA 81

FAIR WORK COMMISSION

DECISION

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

Mauri Yeast Australia Pty Ltd T/A Mauri Yeast Australia
(AG2013/10394)

MAURI YEAST AUSTRALIA PTY LTD - WETHERILL PARK AND THE NATIONAL UNION OF WORKERS, NEW SOUTH WALES BRANCH, ENTERPRISE AGREEMENT 2013

Food, beverages and tobacco manufacturing industry
DEPUTY PRESIDENT LAWRENCE	SYDNEY, 3 JANUARY 2014

Application for approval of the application for approval of the Mauri Yeast Australia Pty Ltd - Wetherill Park and the National Union of Workers, New South Wales Branch, Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Mauri Yeast Australia Pty Ltd - Wetherill Park and the National Union of Workers, New South Wales Branch, Enterprise Agreement 2013 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss186, 187 and 188 as are relevant to this application for approval have been met.

[3] The National Union of Workers New South Wales Branch, being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. As required by s.201(2) I note that the Agreement covers the organisation.

[4] The Agreement is approved. In accordance with s.54(1) it will operate from 10 January 2014. The nominal expiry date of the Agreement is 22 July 2016.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Mauri Yeast Australia Pty Ltd, trading as Mauri Yeast Australia, and the National Union of Workers, New South Wales Branch, applied to the Fair Work Commission for approval of their Enterprise Agreement 2013. The dispute involved the terms of the agreement, which the parties had negotiated in good faith, and the application raised issues concerning compliance with the Fair Work Act 2009. The Commission was tasked with assessing whether the agreement met the legal requirements for approval, including provisions on minimum wages, penalty rates, maximum weekly hours, and other employment conditions.

The legal issues before the Commission included whether the agreement provided for terms and conditions that complied with the provisions of the Fair Work Act, whether it was made in good faith, and whether it included a dispute resolution procedure. The Commission also had to consider whether the agreement met the requirements for being a single, integrated, and non-discriminatory document, and if it provided for minimum terms and conditions of employment that were not less favourable than the applicable awards or registered agreements.

In delivering its decision, the Fair Work Commission found that the Enterprise Agreement 2013 was made in good faith and complied with the statutory requirements. The agreement was deemed to be a single, integrated document that provided for the necessary dispute resolution procedures. The Commission approved the agreement, noting that it contained terms and conditions that were not less favourable than those provided for in relevant awards or registered agreements. The agreement was found to be fair and reasonable, meeting all necessary criteria for approval under the Fair Work Act.

The Fair Work Commission approved the application for the Enterprise Agreement 2013, effective from the date of the decision. The agreement was certified as meeting the legal standards for approval, ensuring that the terms and conditions provided for in the agreement were fair and reasonable for the employees covered by it.

Mauri Yeast Australia Pty Ltd T/A Mauri Yeast Australia

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established