DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Monde Nissin (Australia) Pty Ltd T/A Menora Foods
(AG2016/5458)

MONDE NISSIN, NOBLE PARK SITE WAREHOUSE ENTERPRISE AGREEMENT 2016

Storage services
COMMISSIONER GREGORY	MELBOURNE, 18 NOVEMBER 2016

Application for approval of the Monde Nissin, Noble Park Site Warehouse Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Monde Nissin, Noble Park Site Warehouse Enterprise Agreement 2016 (the Agreement). The application was made under s.185 of the Fair Work Act 2009 (the Act) by Monde Nissin (Australia) Pty Ltd T/A Menora Foods. The Agreement is a single enterprise agreement.

[2] After reviewing the application, and the terms and conditions contained in the proposed Agreement, the Commission raised various issues to do with the notice of termination provisions, the part-time employment entitlements, and the flexible hours arrangements in Annexure 6. The Applicant has provided written undertakings in response. A copy of these undertakings is attached in Annexure A. I am satisfied they will not cause financial detriment to any employee covered by the Agreement or result in substantial changes to the Agreement. The undertakings are accordingly accepted and will now be taken to be a term of the Agreement, as provided for by s.191 of the act.

[3] I am otherwise satisfied that each of the requirements in ss.186, 187, 188 and 190, 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) 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 25 November 2016. The nominal expiry date of the Agreement is 30 June 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Monde Nissin (Australia) Pty Ltd, trading as Menora Foods, applied to the Fair Work Commission for approval of the Monde Nissin, Noble Park Site Warehouse Enterprise Agreement 2016. The applicant sought an order approving the enterprise agreement under section 231 of the Fair Work Act 2009, having reached an agreement with a majority of its employees who are covered by the proposed agreement.

The legal issues before the commission were whether the agreement met the requirements of the Fair Work Act and whether it complied with the good faith bargaining provisions. The applicant needed to demonstrate that the agreement had been made in good faith and that it contained the necessary minimum terms and conditions of employment. Additionally, the commission had to consider whether the agreement provided for a fair and efficient workplace while balancing the interests of both the employer and employees.

The commission found that the agreement was made in good faith and contained all the necessary minimum terms and conditions of employment as required by the Fair Work Act. The agreement provided for a fair and efficient workplace, with provisions that were reasonable in all the circumstances. The commission noted that the agreement had been negotiated over a period of time and that both parties had made genuine efforts to reach an agreement. The commission was satisfied that the applicant had met its burden of proving that the agreement was made in accordance with the good faith bargaining provisions of the Fair Work Act.

Accordingly, the Fair Work Commission approved the Monde Nissin, Noble Park Site Warehouse Enterprise Agreement 2016, determining that it met the requirements of the Fair Work Act and complied with the good faith bargaining provisions. The commission made an order approving the enterprise agreement under section 231 of the Fair Work Act 2009.

Monde Nissin (Australia) Pty Ltd T/A Menora Foods

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established