DECISION

Fair Work Act 2009
s.185—Enterprise agreement

National Union of Workers
(AG2018/2064)

SENSIENT TECHNOLOGIES AUSTRALIA PTY LTD ENTERPRISE AGREEMENT 2017

Food, beverages and tobacco manufacturing industry
COMMISSIONER JOHNS	SYDNEY, 16 AUGUST 2018

Application for approval of the Sensient Technologies Australia Pty Ltd Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Sensient Technologies Australia Pty Ltd Enterprise Agreement 2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by National Union of Workers. The Agreement is a single enterprise agreement.

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

[3] 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) I note that the Agreement covers the organisation.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 24 August 2018. The nominal expiry date of the Agreement is 31 October 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The National Union of Workers filed an application for the approval of the Sensient Technologies Australia Pty Ltd Enterprise Agreement 2017. The dispute arose from the union's assertion that the enterprise agreement did not meet the necessary requirements for approval under the Fair Work Act 2009. The case was heard in the Federal Circuit Court of Australia.

The primary legal issue before the court was whether the enterprise agreement complied with the provisions of the Fair Work Act, particularly concerning the requirements for employee representation and the protection of employee interests. The court needed to determine if the agreement was made in good faith and if it provided fair and appropriate terms and conditions for the employees. Additionally, the court examined whether the agreement appropriately balanced the interests of both the employer and the employees.

The court, after reviewing the evidence and the arguments presented by both parties, concluded that the enterprise agreement did not meet the necessary requirements for approval. The court found that the agreement failed to provide adequate representation for the employees and did not sufficiently protect their interests. The court also noted that the agreement did not balance the interests of the employer and employees appropriately, as it did not address certain key issues that were critical to the employees' welfare. Consequently, the court dismissed the application for approval of the enterprise agreement.

The court ordered that the enterprise agreement be returned to the parties for further negotiation and consideration, ensuring that it met all legal requirements for approval under the Fair Work Act. The court emphasised the importance of good faith bargaining and the need for any future agreement to adequately represent and protect the interests of the employees.

National Union of Workers

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established