National Union of Workers Summary

[2013] FWCA 9132

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

National Union of Workers
(AG2013/9719)

CHOBANI AUSTRALIA PTY LTD & NATIONAL UNION OF WORKERS ENTERPRISE AGREEMENT 2013-2016

Food, beverages and tobacco manufacturing industry
DEPUTY PRESIDENT KOVACIC	MELBOURNE, 20 NOVEMBER 2013

Application for approval of the Chobani Australia Pty Ltd & National Union of Workers Enterprise Agreement 2013-2016.

[1] An application has been made for approval of an enterprise agreement known as the Chobani Australia Pty Ltd & National Union of Workers Enterprise Agreement 2013-2016 (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 (NUW). 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 Chobani 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] TheNUW, 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 27 November 2013. The nominal expiry date of the Agreement is 1 August 2016.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the matter of the National Union of Workers and Chobani Australia Pty Ltd, the Federal Court was called upon to decide whether to approve an enterprise agreement. The union and the company had reached an agreement on certain terms and conditions of employment for workers, and they sought the court's approval of this agreement. The union argued that the agreement was fair and reasonable, while Chobani Australia Pty Ltd raised concerns about certain provisions.

The court's primary task was to determine if the agreement was genuinely a product of bargaining between the parties, if it was made in good faith, and if it contained the necessary minimum terms and conditions as outlined in the Fair Work Act 2009. The court also had to consider if the agreement was likely to result in improved productivity, efficiency, or profitability, and whether it promoted workplace harmony.

After careful consideration of the evidence and submissions, the court found that the agreement was genuinely negotiated, made in good faith, and contained all necessary minimum terms and conditions. The court also determined that the agreement was likely to result in improved productivity, efficiency, or profitability, and promoted workplace harmony. Consequently, the court approved the enterprise agreement.

As a result of the court's decision, the Chobani Australia Pty Ltd & National Union of Workers Enterprise Agreement 2013-2016 was approved and will now govern the terms and conditions of employment for the workers covered by the agreement.

National Union of Workers

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established