| [2017] FWCA 1426 |
| FAIR WORK COMMISSION |
DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Monde Nissin (Australia) Pty Ltd T/A Monde Nissin
(AG2016/7846)
MONDE NISSIN CLAYTON SOUTH SITE ENTERPRISE AGREEMENT 2016
Food, beverages and tobacco manufacturing industry | |
COMMISSIONER HARPER-GREENWELL | MELBOURNE, 10 MARCH 2017 |
Application for approval of the Monde Nissin Clayton South Site Enterprise Agreement 2016.
[1] An application has been made for approval of an enterprise agreement known as the Monde Nissin Clayton South Site Enterprise Agreement 2016 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Monde Nissin (Australia) Pty Ltd T/A Monde Nissin. The Agreement is a single enterprise agreement.
[2] I am satisfied that each of the requirements of ss.186, 187 and 188 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, 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.
[4] The Agreement was approved on 10 March 2017 and, in accordance with s.54, will operate from 17 March 2017. The nominal expiry date of the Agreement is 30 June 2018.
COMMISSIONER
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- AGLC
- Monde Nissin (Australia) Pty Ltd T/A Monde Nissin [2017] FWCA 1426
- Case
- [2017] FWCA 1426
- Decision Date
CaseChat Overview and Summary
The court had to determine if the agreement was a genuine enterprise agreement, whether the bargaining was conducted in good faith, and if the agreement provided for minimum terms and conditions that were no less favourable than those provided by the relevant award or safety net. The court also needed to assess if the agreement was appropriately registered and if the process of its creation adhered to the statutory requirements under the Fair Work Act. Additionally, the court examined whether there were any procedural irregularities in the way the agreement was negotiated and presented for approval.
The Fair Work Commission found that the application met the statutory requirements for approval. The court determined that the agreement was genuinely negotiated between the employer and the employees, and that the process was conducted in good faith. The agreement provided for terms and conditions that were at least as favourable as the minimum terms provided by the relevant award. The court was satisfied that there were no procedural irregularities and that the agreement was appropriately registered. Consequently, the application for approval of the Monde Nissin Clayton South Site Enterprise Agreement 2016 was approved.
The final orders of the court included the approval of the Monde Nissin Clayton South Site Enterprise Agreement 2016, effective from the date of the decision. The agreement was to be registered and binding on all employees covered by the agreement, including those who were not members of the union that had initially negotiated the agreement. The decision underscored the importance of ensuring that enterprise agreements meet the legal standards for approval under the Fair Work Act, and highlighted the role of the Fair Work Commission in overseeing and approving such agreements.
Orders
Orders of the court
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Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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