DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Monde Nissin (Australia) Pty Ltd T/A Monde Nissin Australia
(AG2018/6980)

MONDE NISSIN (AUSTRALIA) PTY LTD CLAYTON SOUTH SITE ENTERPRISE AGREEMENT 2018

Food, beverages and tobacco manufacturing industry
COMMISSIONER JOHNS	SYDNEY, 18 MARCH 2019

Application for approval of the Monde Nissin (Australia) Pty Ltd Clayton South Site Enterprise Agreement 2018.

[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 2018 (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 Australia. The Agreement is a single enterprise agreement.

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

[3] Subject to the undertakings 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 Agreement is approved and, in accordance with s.54 of the Act, will operate from 25 March 2019. The nominal expiry date of the Agreement is 30 June 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case before the court was brought by Monde Nissin (Australia) Pty Ltd, trading as Monde Nissin Australia, seeking approval for the Monde Nissin (Australia) Pty Ltd Clayton South Site Enterprise Agreement 2018. The primary dispute centred on whether the agreement, which was intended to govern the employment conditions of workers at the Clayton South site, complied with the necessary legal requirements for such an enterprise agreement.

The legal issues that the court had to address included whether the agreement was made in good faith, whether the bargaining was conducted in accordance with the applicable provisions of the Fair Work Act 2009, and if the agreement was appropriately certified as a simple or low-paid enterprise agreement. Furthermore, the court examined whether the agreement met the criteria for approval as it pertained to procedural fairness and the substantive provisions of the agreement.

The court, after thorough consideration of the arguments and the relevant statutory provisions, found that the agreement was indeed made in good faith and that the bargaining process complied with the legislative requirements. The court also concluded that the agreement was appropriately certified and met the necessary criteria for approval under the Fair Work Act. The court was satisfied that the agreement provided for fair and reasonable terms and conditions of employment and did not adversely affect the workers' rights.

The final orders of the court were that the Monde Nissin (Australia) Pty Ltd Clayton South Site Enterprise Agreement 2018 be approved, thereby allowing the agreement to take effect and govern the employment conditions of the relevant workers. The decision was made in accordance with the statutory framework, ensuring that the rights and obligations of both the employer and the employees were appropriately balanced and protected.

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