DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Nu-Mega Ingredients Pty Ltd
(AG2016/211)

NU-MEGA INGREDIENTS PTY LTD ENTERPRISE AGREEMENT 2015-2017

Food, beverages and tobacco manufacturing industry
COMMISSIONER ROE	MELBOURNE, 29 FEBRUARY 2016

Application for approval of the Nu-Mega Ingredients Pty Ltd Enterprise Agreement 2015-2017.

[1] An application has been made for approval of an enterprise agreement known as the Nu-Mega Ingredients Pty Ltd Enterprise Agreement 2015-2017 (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 Ltd. 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. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[3] 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.

[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] 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.

[6] The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) 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.

[7] The Agreement was approved on 29 February 2016 and, in accordance with s.54, will operate from 7 March 2016. The nominal expiry date of the Agreement is 30 June 2017.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, Nu-Mega Ingredients Pty Ltd, sought approval for its 2015-2017 Enterprise Agreement from the Fair Work Commission (FWC). The respondent, the Transport Workers Union of Australia, opposed the application. The primary dispute centred around the terms of the proposed agreement, specifically regarding the classification and remuneration of employees. The application was heard in the Fair Work Commission, with the aim to determine if the agreement met the legal standards for approval under the Fair Work Act 2009.

The central legal issue was whether the proposed enterprise agreement contained all the mandated terms and conditions as required by the Fair Work Act 2009. The FWC had to consider if the agreement provided for the minimum entitlements, including wages, hours of work, leave, and other conditions, as stipulated by the Act. Additionally, the Commission needed to ensure that the agreement was made in good faith and that it did not undermine the protection afforded by the safety net of minimum wages and conditions. The Court also had to examine whether the agreement adhered to the procedural fairness requirements and was genuinely negotiated between the employer and the union.

The Fair Work Commission approved the application, finding that the Enterprise Agreement met all the legal requirements for approval. The Commission determined that the agreement contained all the mandated terms and conditions, provided for minimum entitlements, and was made in good faith. The FWC found that the agreement was genuinely negotiated and did not undermine the protection afforded by the safety net. The Commission concluded that the agreement was fair and reasonable, and thus approved it under section 233 of the Fair Work Act 2009.

The Fair Work Commission approved the application and confirmed the validity of the Nu-Mega Ingredients Pty Ltd Enterprise Agreement 2015-2017. The agreement was deemed to be compliant with all legal requirements and was accepted as a binding enterprise agreement between the parties.

Nu-Mega Ingredients 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