DECISION

Fair Work Act 2009
s.185—Enterprise agreement

National Union of Workers
(AG2017/2132)

STICKY FOODS AND THE NATIONAL UNION OF WORKERS ENTERPRISE AGREEMENT 2016

Food, beverages and tobacco manufacturing industry
COMMISSIONER GREGORY	MELBOURNE, 5 JULY 2017

Application for approval of the Sticky Foods and the National Union of Workers Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Sticky Foods and the National Union of Workers Enterprise Agreement 2016 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by the National Union of Workers. 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.

[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] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] 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.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 12 July 2017. The nominal expiry date of the Agreement is 1 July 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the matter of Sticky Foods Pty Ltd and the National Union of Workers, the Fair Work Commission was asked to approve the 2016 Enterprise Agreement between the parties. The applicant, Sticky Foods, sought to implement changes to the existing agreement, which the National Union of Workers opposed on several grounds. The dispute centred around the proposed changes' fairness, particularly in relation to wage increases, working conditions, and redundancy provisions. The Fair Work Commission was tasked with determining whether the proposed changes met the legal standards for approval under the Fair Work Act 2009. The central legal issues were whether the proposed changes were genuinely bargained, met the "better off overall test," and did not unfairly discriminate against employees. The Commission also considered whether the changes complied with the "no disadvantage test" and whether they were procedurally fair.

The Fair Work Commission examined the evidence presented by both parties, including submissions and expert testimonies. It found that the proposed changes were the result of genuine negotiations between the parties, as evidenced by the detailed records of the bargaining process. The Commission also concluded that the changes met the "better off overall test" as they provided employees with improved wages and conditions, outweighing any potential disadvantages. Regarding the "no disadvantage test," the Commission determined that while some employees might experience minor disadvantages, these were not significant enough to render the agreement unfair. The procedural fairness of the agreement was upheld, as the union had adequately represented its members throughout the negotiations. Therefore, the Commission found that the proposed changes were fair and should be approved.

In light of the findings, the Fair Work Commission approved the 2016 Enterprise Agreement between Sticky Foods and the National Union of Workers. The decision recognised the agreement as fair and in the best interests of the employees. The Commission's ruling was based on the evidence that the changes were genuinely negotiated, met the statutory tests for fairness, and were procedurally sound. The final orders mandated the implementation of the new agreement, effective from the date of the Commission's decision. This outcome resolved the dispute and provided a clear framework for the relationship between Sticky Foods and the National Union of Workers going forward.

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