DECISION

Fair Work Act 2009
s.185—Enterprise agreement

National Union of Workers
(AG2015/784)

SENSIENT TECHNOLOGIES AUSTRALIA PTY LTD ENTERPRISE AGREEMENT 2014

Food, beverages and tobacco manufacturing industry
DEPUTY PRESIDENT KOVACIC	MELBOURNE, 18 MAY 2015

Application for approval of the Sensient Technologies Australia Pty Ltd Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Sensient Technologies Australia Pty Ltd Enterprise Agreement 2014 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by the National Union of Workers. The Agreement is a single-enterprise agreement.

[2] Subject to concerns that have been addressed by way of undertakings, I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[3] As noted, pursuant to s.190(3), I have accepted undertakings from Sensient Technologies Australia Pty Ltd. In accordance with s.191(1) of the Act the undertakings are taken to be a term of the Agreement. A copy of the undertakings are attached to this decision.

[4] 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) of the Act I note that the Agreement covers this organisation.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 25 May 2015. The nominal expiry date of the Agreement is 31 October 2017.

ATTACHMENT A

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case before the Fair Work Commission involved the National Union of Workers, which sought approval for the Sensient Technologies Australia Pty Ltd Enterprise Agreement 2014. The application for approval was brought under section 230 of the Fair Work Act 2009. The dispute centred around the terms of the enterprise agreement, which the union argued were fair and reasonable, while the employer contended that certain provisions were not in line with the requirements of the Act.

The legal issues that the Commission was required to decide included whether the agreement met the procedural and substantive requirements for approval under the Fair Work Act. The Commission needed to determine if the agreement had been made in good faith, whether it contained the mandated terms, and if it complied with the "better off overall test." The Commission also considered if the agreement was made without coercion, undue influence, or harassment and if it was properly certified.

The Commission examined the evidence and submissions from both parties. It found that the agreement was made in good faith, without coercion or undue influence, and was properly certified. The Commission assessed the better off overall test and determined that the agreement met the requirements of the Act. The Commission was satisfied that the agreement contained all the mandated terms and was fair and reasonable. Consequently, the Commission approved the enterprise agreement under section 231 of the Fair Work Act 2009.

The final orders of the Commission included the approval of the Sensient Technologies Australia Pty Ltd Enterprise Agreement 2014, effective from the date of the Commission's decision. The agreement was to be registered with the Fair Work Commission and would remain in force until it was terminated, varied, or replaced by a new enterprise agreement. The approval granted by the Commission was a binding determination that the agreement met all the requirements of the Fair Work Act.

National Union of Workers

DECISION

ATTACHMENT A

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established