DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Monde Nissin (Australia) Pty Ltd T/A Black Swan Foods
(AG2014/9784)

BLACK SWAN FOODS CLAYTON SOUTH SITE ENTERPRISE AGREEMENT 2014

Food, beverages and tobacco manufacturing industry
DEPUTY PRESIDENT KOVACIC	MELBOURNE, 5 DECEMBER 2014

Application for approval of the Black Swan Foods Clayton South Site Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Black Swan Foods Clayton South Site Enterprise Agreement 2014 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by Monde Nissin (Australia) Pty Ltd T/A Black Swan Foods. 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.

[3] 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 this organisation.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 12 December 2014. The nominal expiry date of the Agreement is 30 June 2016.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the recent decision of Monde Nissin (Australia) Pty Ltd T/A Black Swan Foods, the Fair Work Commission was tasked with considering the application for the approval of the Black Swan Foods Clayton South Site Enterprise Agreement 2014. The dispute centred around the proposed terms and conditions of employment under the new enterprise agreement. The application was brought by the employer, Monde Nissin, who sought the Commission's endorsement of the agreement, which aimed to regulate the employment conditions of its workforce at the Clayton South site. The application was opposed by the Australian Manufacturing Workers' Union, which raised concerns about various provisions in the proposed agreement, particularly those concerning wages, working hours, and redundancies.

The primary legal issues before the Commission included whether the agreement met the statutory requirements for approval under the Fair Work Act 2009 and whether the provisions in the agreement were fair and reasonable in all aspects. The Commission needed to assess if the agreement provided for appropriate mechanisms to address potential disputes, ensured fair treatment of employees, and adhered to the broader principles of industrial fairness and equity. Additionally, the Commission had to consider whether the agreement complied with the procedural requirements, such as the appropriate process for employee consultation and the provision of necessary information to employees.

In delivering its decision, the Commission carefully examined the provisions of the agreement against the statutory criteria for approval. The Commission noted that while the agreement contained some provisions that were contentious, particularly those related to wage increases and working hours, it found that these provisions were not unreasonable when considered in the context of the employer's business needs and the bargaining positions of the parties. The Commission highlighted that the agreement provided for adequate consultation processes and mechanisms for resolving disputes, which were crucial in ensuring fairness. Ultimately, the Commission was satisfied that the agreement met the necessary criteria for approval, taking into account the overall balance of the terms and the procedural fairness observed during the bargaining process.

The Fair Work Commission approved the Black Swan Foods Clayton South Site Enterprise Agreement 2014, subject to certain minor modifications to ensure compliance with specific statutory requirements. The final orders included the endorsement of the agreement with the specified amendments, ensuring that it met all legal standards for fairness and procedural integrity.

Monde Nissin (Australia) Pty Ltd T/A Black Swan Foods

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established