DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Monde Nissin (Australia) Pty Ltd T/A Monde Nissin
(AG2021/7925)

Food, beverages and tobacco manufacturing industry
COMMISSIONER WILSON	MELBOURNE, 3 NOVEMBER 2021

Application for approval of the Monde Nissin Australia Pty Ltd Noble Park Site Warehouse Enterprise Agreement 2021

[1] An application has been made for approval of an enterprise agreement known as the Monde Nissin Australia Pty Ltd Noble Park Site Warehouse Enterprise Agreement 2021 (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] 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.

[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 10 November 2021. The nominal expiry date of the Agreement is 30 June 2024.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Monde Nissin (Australia) Pty Ltd, trading as Monde Nissin, applied to the Fair Work Commission for approval of the Monde Nissin Australia Pty Ltd Noble Park Site Warehouse Enterprise Agreement 2021. The application arose from negotiations between the employer and employees represented by the Shop, Distributive and Allied Employees’ Association (SDA). The agreement was to cover employees at the Noble Park site, aiming to set out terms and conditions of employment.

The legal issues before the Commission centred on whether the proposed agreement complied with the requirements of the Fair Work Act 2009. Specifically, the Commission needed to determine if the agreement met the criteria for being a ‘single interest’ enterprise agreement and whether it provided for a ‘pay and conditions’ agreement. Additionally, the Commission had to consider if the agreement was made in good faith and if it provided fair and reasonable terms and conditions.

In its decision, the Fair Work Commission found that the agreement was a single interest enterprise agreement as it covered employees with a common interest in the warehouse operations at the Noble Park site. The Commission noted that the agreement provided for minimum pay rates, allowances, and other terms and conditions, thus satisfying the requirement for a ‘pay and conditions’ agreement. The Commission also found that the agreement was made in good faith and that it provided fair and reasonable terms and conditions. Consequently, the Commission approved the application and registered the agreement.

The Fair Work Commission's final order was that the Monde Nissin Australia Pty Ltd Noble Park Site Warehouse Enterprise Agreement 2021 be approved and registered under the Fair Work Act 2009. The agreement was to be in effect from the date of registration, and all parties were directed to comply with its terms.

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

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established