Nu-Mega Ingredients Pty Limited

[2023] FWCA 1414

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Nu-Mega Ingredients Pty Limited

(AG2023/1203)

NU-MEGA INGREDIENTS PTY LTD ENTERPRISE AGREEMENT 2023

Food, beverages and tobacco manufacturing industry
COMMISSIONER YILMAZ	MELBOURNE, 17 MAY 2023

Application for approval of the Nu-Mega Ingredients Pty Ltd Enterprise Agreement 2023

An application has been made for approval of an enterprise agreement known as the Nu-Mega Ingredients Pty Ltd Enterprise Agreement 2023 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Nu-Mega Ingredients Pty Limited. The Agreement is a single enterprise agreement.

I am satisfied that each of the requirements of ss.186, 187 and 188 are relevant to this application for approval and have been met. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in ss.186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

I observe that clause 26 concerning compassionate leave and clause 31.3 concerning the withholding of monies due to the employees on termination are likely to be inconsistent with the National Employment Standards (NES). However, noting clause 6.2 of the Agreement, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

The Australian Manufacturing Workers' Union 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.

The Agreement is approved and in accordance with s.54, will operate from 24 May 2023. The nominal expiry date of the Agreement is 30 June 2025.

COMMISSIONER
Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Nu-Mega Ingredients Pty Limited was the subject of a case before the Fair Work Commission. The company applied for the approval of the Nu-Mega Ingredients Pty Ltd Enterprise Agreement 2023. The nature of the dispute centred around the terms and conditions outlined in the proposed agreement, specifically in relation to employee entitlements and operational practices.

The legal issues the court had to resolve were whether the agreement met the statutory requirements under the Fair Work Act 2009, including the provisions concerning minimum entitlements, the protection of employees' rights, and the procedural fairness in the agreement's formation. Furthermore, the court examined if the agreement had been fairly negotiated and if it provided adequate protections for all employees involved.

In its reasoning, the Fair Work Commission considered the evidence presented by both parties and the statutory requirements under the Fair Work Act. The Commission found that the agreement adequately addressed minimum entitlements and provided reasonable operational terms. It concluded that the agreement had been negotiated in good faith and was fair and reasonable in all its aspects. Consequently, the Commission approved the application and declared the enterprise agreement to be registered and in effect.

No further orders were made beyond the approval and registration of the enterprise agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established