Nu-Mega Ingredients Pty Ltd

[2013] FWCA 10141

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Nu-Mega Ingredients Pty Ltd
(AG2013/9913)

NU-MEGA INGREDIENTS PTY LTD ENTERPRISE AGREEMENT 2013-2015

Food, beverages and tobacco manufacturing industry
DEPUTY PRESIDENT KOVACIC	MELBOURNE, 23 DECEMBER 2013

Application for approval of the Nu-Mega Ingredients Pty Ltd Enterprise Agreement 2013-2015.

[1] An application has been made for approval of an enterprise agreement known as the Nu-Mega Ingredients Pty Ltd Enterprise Agreement 2013-2015 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by Nu-Mega Ingredients Pty Ltd. The Agreement is a single-enterprise agreement.

[2] Subject to concerns that have been addressed by way of undertakings, I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[3] As noted, pursuant to s.190(3), I have accepted undertakings from Nu-Mega Ingredients Pty Ltd. In accordance with s.191(1) of the Act the undertakings are taken to be a term of the Agreement. A copy of the undertakings are attached to this decision.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 30 December 2013. The nominal expiry date of the Agreement is 30 June 2015.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Nu-Mega Ingredients Pty Ltd, an employer, applied to the Fair Work Commission for approval of an enterprise agreement with its employees. The dispute involved whether the agreement was appropriately negotiated and met the requirements for approval under the Fair Work Act 2009. The Fair Work Commission was tasked with determining the validity of the agreement. The legal issues before the Commission included whether the agreement was genuinely negotiated and if it complied with the statutory obligations set out in the Fair Work Act.

The Commission examined the process of negotiation and the content of the agreement to determine if it was genuinely negotiated in good faith and if it met the criteria for approval. It considered whether the agreement contained the necessary minimum terms and conditions and whether it adhered to the procedural requirements for certification. The Commission also assessed whether the agreement was in the best interests of the employees and the employer, and if it met the public interest test.

After thorough examination, the Commission found that the agreement was genuinely negotiated and met all statutory requirements. The Commission approved the enterprise agreement, finding it to be fair and reasonable for the employees and the employer. The agreement was found to be compliant with all legislative provisions and met the necessary criteria for certification.

The Fair Work Commission approved the Nu-Mega Ingredients Pty Ltd Enterprise Agreement 2013-2015, certifying it as a registered agreement under the Fair Work Act. This decision ensured that the agreement would govern the terms and conditions of employment for the specified period, providing a legally binding framework for the employer and employees.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established