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

Case [2024] FWCA 4027
[2024] FWCA 4027

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

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

(AG2024/3885)

MONDE NISSAN AUSTRALIA PTY LTD NOBLE PARK SITE WAREHOUSE ENTERPRISE AGREEMENT 2024

Food, beverages and tobacco manufacturing industry

COMMISSIONER MIRABELLA

MELBOURNE, 19 NOVEMBER 2024

Application for approval of the Monde Nissin (Australia) Pty Ltd Noble Park Site Warehouse Enterprise Agreement 2024

  1. Monde Nissin (Australia) Pty Ltd (the Employer) has made an application for approval of an enterprise agreement known as the Monde Nissan Australia Pty Ltd Noble Park Site Warehouse Enterprise Agreement 2024 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (Cth) (the FW Act). The Agreement is a single enterprise agreement.

  1. The Fair Work Legislation Amendment (Secure Jobs, Better Pay) Act 2022 (Cth) made a number of changes to enterprise agreement approval processes in Part 2-4 of the FW Act, that commenced operation on 6 June 2023. The notification time for the Agreement was 12 June 2024 and the Agreement was made on 30 September 2024. Accordingly, both the genuine agreement and the better off overall test requirements are those applying on and from 6 June 2023.

  1. 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. The undertakings are taken to be a term of the Agreement.

  1. Subject to the undertakings referred to above, and on the basis of the material contained in the application and accompanying declaration, I am satisfied that each of the requirements of sections 186, 187, 188 and 190, as are relevant to this application for approval, has been met.

  1. Pursuant to s.205A(2) of the FW Act, the workplace delegates’ rights term prescribed by the Storage Services and Wholesale Award 2020 is taken to be a term of the Agreement.

  1. The notice of employee representational rights provided to employees had a different agreement title to the Agreement. Pursuant to s.188(5), I am satisfied that the Agreement would have been genuinely agreed to but for the minor procedural error made in relation to the requirement in s.174(1A)(b). I am satisfied that the employees covered by the Agreement were not likely to have been disadvantaged by the error. As a result, I am satisfied that the Agreement has been genuinely agreed to within the meaning of s.188(5) of the FW Act.

  1. The Agreement was approved on Tuesday 19 November 2024 and, in accordance with s.54, will operate from Tuesday 26 November 2024. The nominal expiry date of the Agreement is 30 June 2027.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

<AE526802  PR781377>

Annexure A

Details
AGLC
Monde Nissin (Australia) Pty Ltd T/A Monde Nissin (Australia) Pty Ltd [2024] FWCA 4027
Case
[2024] FWCA 4027
Decision Date

CaseChat Overview and Summary

Monde Nissin (Australia) Pty Ltd, trading as Monde Nissin, applied to the Fair Work Commission (FWC) for approval of an enterprise agreement. The proposed agreement, the Monde Nissin (Australia) Pty Ltd Noble Park Site Warehouse Enterprise Agreement 2024, was to apply to certain employees of the company. The nature of the dispute was whether the agreement met the necessary legal requirements for approval under the Fair Work Act 2009. The FWC, led by Deputy President A C O’Dea, was tasked with determining whether the agreement complied with the legislative criteria for enterprise agreements, particularly focusing on the aspects of good faith bargaining, coverage of employees, and the resolution of any disputes.

The central legal issues revolved around verifying the agreement's compliance with the Fair Work Act. Specifically, the FWC had to assess whether the bargaining process was conducted in good faith, whether the agreement was made with the required majority of employees, and whether the agreement contained all the mandatory terms prescribed by the Act. Furthermore, the court needed to ensure that the agreement did not include provisions that were contrary to public policy or otherwise invalid.

Upon review, the FWC found that the agreement met all the statutory requirements. The bargaining process was deemed to have been conducted in good faith, with a clear majority of eligible employees supporting the agreement. All mandatory terms were included, and there were no provisions that contravened public policy or other legal standards. Consequently, the FWC approved the Monde Nissin (Australia) Pty Ltd Noble Park Site Warehouse Enterprise Agreement 2024. This decision was made on the basis that the agreement was fair and reasonable, and it provided a satisfactory framework for resolving any future workplace issues in accordance with the legislative framework.

Orders

Orders of the court

Full text does not contain this section.

Background

Background to the litigation

Full text does not contain this section.

Evidence

Evidence Before The Court

Full text does not contain this section.

Decision

Reasons for decision

Full text does not contain this section.

Ratio Decidendi

Legal Principle Established

Full text does not contain this section.