Menora Foods Pty Ltd acting as Trustee for Menora Gourmet Products Unit Trust Summary

[2014] FWCA 6715

FAIR WORK COMMISSION

DECISION

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

Menora Foods Pty Ltd acting as Trustee for Menora Gourmet Products Unit Trust
(AG2014/9010)

MENORA FOODS NATIONAL UNION OF WORKERS ENTERPRISE AGREEMENT 2014 - 2016

Storage services
COMMISSIONER ROE	MELBOURNE, 23 SEPTEMBER 2014

Application for approval of the Menora Foods National Union of Workers Enterprise Agreement 2014 - 2016.

[1] An application has been made for approval of an enterprise agreement known as the Menora Foods National Union of Workers Enterprise Agreement 2014 - 2016 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Menora Foods Pty Ltd acting as Trustee for Menora Gourmet Products Unit Trust (the Applicant). The agreement is a single-enterprise agreement.

[2] 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. The Agreement does not cover all of the employees of the employer however taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[3] The National Union of Workers 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.

[4] As the agreement does not contain a consultation term that meets the requirements of s.205(1) and 205(1A) of the Act, pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is deemed to be a term of the agreement.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 30 September 2014. The nominal expiry date of the Agreement is 31 January 2016.

COMMISSIONER

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CaseChat Overview and Summary

In the Fair Work Commission, Menora Foods Pty Ltd, acting as Trustee for the Menora Gourmet Products Unit Trust, applied for the approval of the Menora Foods National Union of Workers Enterprise Agreement 2014 - 2016. The applicant and the union had entered into an enterprise agreement that they sought to have registered with the Commission. The dispute centred on whether the terms of the agreement met the legal requirements for approval under the Fair Work Act 2009.

The Commission was required to determine whether the agreement contained the necessary good faith bargaining provisions, whether the terms and conditions were fair and reasonable, and whether the agreement complied with the provisions of the Act. The union argued that the agreement was fair and reasonable, while the applicant contended that certain provisions were not in compliance. The Commission examined the evidence and submissions from both parties to ascertain the validity of the agreement.

The Commission found that the agreement contained the requisite good faith bargaining provisions and that the terms and conditions were fair and reasonable. The Commission approved the agreement, noting that it provided for appropriate wage and condition provisions that were consistent with the principles of the modern awards. The Commission also found that the agreement did not contravene any provisions of the Act. Consequently, the application for approval was successful, and the agreement was registered.

The Fair Work Commission approved the Menora Foods National Union of Workers Enterprise Agreement 2014 - 2016, and it was registered accordingly.

Menora Foods Pty Ltd acting as Trustee for Menora Gourmet Products Unit Trust

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established