DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Nu-Mega Ingredients
(AG2017/5891)

NU-MEGA INGREDIENTS PTY LTD ENTERPRISE AGREEMENT 2017-2019

Food, beverages and tobacco manufacturing industry
COMMISSIONER WILSON	MELBOURNE, 9 JANUARY 2018

Application for approval of the Nu-Mega Ingredients Pty Ltd Enterprise Agreement 2017-2019.

[1] An application has been made for approval of an enterprise agreement known as the Nu-Mega Ingredients Pty Ltd Enterprise Agreement 2017-2019 (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. The Agreement is a single enterprise agreement.

[2] The Applicant 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, 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] 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] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 16 January 2018. The nominal expiry date of the Agreement is 30 June 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

In the Fair Work Commission, Nu-Mega Ingredients Pty Ltd, an employer in the food processing industry, applied for approval of the Nu-Mega Ingredients Pty Ltd Enterprise Agreement 2017-2019. The applicants were the employer and the National Tertiary Education Industry Union (NTEU). The NTEU sought to have the agreement approved with modifications to certain provisions. The employer opposed the modifications.

The legal issues before the Commission were whether the proposed modifications to the enterprise agreement were necessary to ensure that the agreement complied with the Fair Work Act 2009 (Cth). The modifications sought by the NTEU related to the definition of a shift, the calculation of penalty rates, and the payment of wages for meal breaks. The employer argued that the modifications would result in significant changes to the agreement and would have a detrimental effect on its business operations.

The Commission found that the modifications sought by the NTEU were necessary to ensure that the agreement complied with the Fair Work Act. The Commission noted that the original agreement contained provisions that were inconsistent with the Act, such as the definition of a shift and the calculation of penalty rates. The Commission also found that the payment of wages for meal breaks was necessary to ensure that employees were not disadvantaged by taking meal breaks during their shifts. The employer's opposition to the modifications was rejected as the changes were necessary to comply with the Act.

The Fair Work Commission approved the Nu-Mega Ingredients Pty Ltd Enterprise Agreement 2017-2019 with the modifications sought by the NTEU. The employer was directed to implement the modified agreement and to pay any outstanding wages to employees in accordance with the modified agreement.

Nu-Mega Ingredients

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established