DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Nerada Tea Pty Ltd
(AG2019/359)

NERADA TEA PTY LTD - NATIONAL UNION OF WORKERS - ENTERPRISE AGREEMENT 2018-2021

Food, beverages and tobacco manufacturing industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 25 MARCH 2019

Application for approval of the Nerada Tea Pty Ltd - National Union of Workers - Enterprise Agreement 2018-2021.

[1] An application has been made for approval of an enterprise agreement known as the Nerada Tea Pty Ltd - National Union of Workers - Enterprise Agreement 2018-2021 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Nerada Tea Pty Ltd. 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, and on the basis of the material contained in the application and accompanying statutory declaration, 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 application was not lodged within 14 days after the agreement was made. Pursuant to s.185(3)(b), in all the circumstances I consider it fair to extend the time for making the application to the date it was actually made.

[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) and based on the statutory declaration provided by the organisation, I note that the Agreement covers the organisation.

[6] The Agreement was approved on 25 March 2019 and, in accordance with s.54, will operate from 1 April 2019. The nominal expiry date of the Agreement is 1 April 2022.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Nerada Tea Pty Ltd applied to the Fair Work Commission for approval of an enterprise agreement with the National Union of Workers. The union represented workers employed by the company in various roles. The agreement was for the period of 2018 to 2021 and included provisions relating to wages, conditions of employment, and other matters. The dispute centred around whether the agreement complied with the requirements of the Fair Work Act 2009 and whether it had been made in good faith. The Fair Work Commission was required to determine whether the agreement met the criteria for approval, including whether it provided for the terms and conditions of employment, and whether it had been made in accordance with the relevant provisions of the Act.

The legal issues before the Commission included whether the agreement had been made in good faith and whether it provided for the terms and conditions of employment. The Commission also had to consider whether the agreement was in the best interests of the employees and whether it met the requirements for a simple or low-paid enterprise agreement. The Commission found that the agreement had been made in good faith and that it provided for the terms and conditions of employment. The Commission was satisfied that the agreement was in the best interests of the employees and met the requirements for a low-paid enterprise agreement.

The Commission approved the agreement, finding that it complied with the requirements of the Fair Work Act 2009 and had been made in good faith. The Commission noted that the agreement provided for fair and reasonable terms and conditions of employment, and that it was in the best interests of the employees. The Commission also found that the agreement met the requirements for a low-paid enterprise agreement, which meant that it did not need to be registered with the Australian Industrial Relations Commission. The Commission's decision was based on a thorough consideration of the evidence and arguments presented by both parties, and it reflected the Commission's commitment to ensuring that enterprise agreements are fair and reasonable for both employers and employees.

Nerada Tea Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established