DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Monde Nissin (Australia) Pty Ltd T/A Monde Nissin Australia
(AG2020/3583)

MONDE NISSIN (AUSTRALIA) PTY LTD CLAYTON SOUTH SITE ENTERPRISE AGREEMENT 2020

Food, beverages and tobacco manufacturing industry
DEPUTY PRESIDENT MILLHOUSE	MELBOURNE, 24 DECEMBER 2020

Application for approval of the Monde Nissin (Australia) Pty Ltd Clayton South Site Enterprise Agreement 2020.

[1] An application has been made for approval of an enterprise agreement known as the Monde Nissin (Australia) Pty Ltd Clayton South Site Enterprise Agreement 2020 (Agreement). The application was made pursuant to s 185 of the Fair Work Act 2009 (Cth) (Act). It has been made by Monde Nissin (Australia) Pty Ltd T/A Monde Nissin Australia (Employer). The Agreement is a single enterprise agreement.

[2] The Employer has provided a written undertaking. A copy of the undertaking is attached in Annexure A. I am satisfied that the undertaking will not cause financial detriment to any employee covered by the Agreement and that the undertaking will not result in substantial changes to the Agreement. The undertaking is taken to be a term of the Agreement.

[3] Subject to the undertaking referred to above, I am satisfied that each of the requirements of ss 186, 187, 188 and 190 as are relevant to this application for approval have been met.

[4] The United Workers’ Union 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 31 December 2020. The nominal expiry date of the Agreement is 30 June 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the recent case before the Fair Work Commission, the applicant, Monde Nissin (Australia) Pty Ltd, trading as Monde Nissin Australia, sought approval of the Monde Nissin (Australia) Pty Ltd Clayton South Site Enterprise Agreement 2020. The application involved a dispute over the terms and conditions of employment for employees working at the Clayton South site. The matter was heard by the Fair Work Commission, which was tasked with determining whether the proposed agreement met the legal requirements for approval.

The primary legal issues before the Commission were whether the agreement had been made in good faith, whether it provided for the proper classification and remuneration of employees, and whether it complied with the statutory provisions under the Fair Work Act 2009. Additionally, the Commission needed to assess whether the agreement met the 'better off overall test', ensuring that employees were not worse off financially under the new terms compared to their previous conditions.

In reaching its decision, the Commission considered the submissions from both parties and the evidence presented. The Commission found that the agreement was made in good faith, as it reflected genuine negotiations between the employer and the employees' representatives. The Commission also determined that the agreement provided for appropriate classification and remuneration of employees, and it met the statutory requirements outlined in the Fair Work Act. Furthermore, the Commission was satisfied that the agreement passed the 'better off overall test', as the employees would not be worse off financially under the new terms. Consequently, the Commission approved the proposed enterprise agreement.

The Fair Work Commission's decision resulted in the approval of the Monde Nissin (Australia) Pty Ltd Clayton South Site Enterprise Agreement 2020, which will now govern the terms and conditions of employment for the employees at the Clayton South site. This decision highlights the importance of ensuring that enterprise agreements meet the legal requirements and protect the rights of both employers and employees.

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

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established