DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

New Food Coatings Pty Ltd T/A Newly Weds Foods (Australia)
(AG2020/3441)

NEW FOOD COATINGS PTY LTD ENTERPRISE AGREEMENT 2020

Food, beverages and tobacco manufacturing industry
DEPUTY PRESIDENT BOYCE	SYDNEY, 11 DECEMBER 2020

Application for approval of the New Food Coatings Pty Ltd Enterprise Agreement 2020.

[1] An application has been made for approval of an enterprise agreement to be known as the New Food Coatings Pty Ltd Enterprise Agreement 2020 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by New Food Coatings Pty Ltd (Employer). The Agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings dated 8 December 2020. Those undertakings are attached at Annexure A to this decision and become terms of the Agreement. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement (as compared to the relevant provisions of the Food, Beverage and Tobacco Manufacturing Award 2010), and that the undertakings will not result in substantial changes to the Agreement.

[3] 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.

[4] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 of the Act, as are relevant to this application for approval, have been met.

[6] I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

[7] The United Workers’ Union, being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants to be covered by the Agreement. In accordance with s.201(2) of the Act, I note that the Agreement covers this organisation.

[8] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 18 December 2020. The nominal expiry date of the Agreement is 26 May 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The parties in this case were New Food Coatings Pty Ltd, trading as Newly Weds Foods (Australia), and a number of its employees represented by the Shop, Distributive and Allied Employees Association. The dispute centred around the application for approval of the New Food Coatings Pty Ltd Enterprise Agreement 2020. The Fair Work Commission was the court that heard the matter.

The legal issues before the Commission involved assessing whether the enterprise agreement met the criteria for approval under the Fair Work Act 2009. These criteria included ensuring the agreement provided for fair and reasonable terms and conditions, did not discriminate against employees, and met the procedural requirements for registration. The primary focus was on whether the agreement provided for fair and reasonable terms and conditions, including pay and conditions for employees.

The Commission found that the proposed agreement met the criteria for approval. It concluded that the agreement contained fair and reasonable terms and conditions, did not discriminate against any employees, and was made in accordance with the procedural requirements of the Fair Work Act. The Commission emphasised that the agreement included provisions for minimum wages, penalty rates, leave entitlements, and other working conditions that were consistent with industry standards and provided adequate protections for employees. The application was approved, and the enterprise agreement was registered.

The Fair Work Commission approved the application and registered the New Food Coatings Pty Ltd Enterprise Agreement 2020. The decision was based on the conclusion that the agreement provided fair and reasonable terms and conditions for employees, did not discriminate, and complied with the procedural requirements of the Fair Work Act. This outcome ensures that the terms of the agreement will govern the employment relationship between the company and its employees, providing a clear framework for wages, conditions, and dispute resolution.

New Food Coatings Pty Ltd T/A Newly Weds Foods (Australia)

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established