Obela Fresh Dips & Spreads Pty Ltd

[2022] FWCA 4410

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Obela Fresh Dips & Spreads Pty Ltd

(AG2022/5133)

Obela Fresh Dips & Spreads Pty Ltd Enterprise Agreement 2022 - 2024

Food, beverages and tobacco manufacturing industry
COMMISSIONER HARPER-GREENWELL	MELBOURNE, 19 DECEMBER 2022

Application for approval of the Obela Fresh Dips & Spreads Pty Ltd Enterprise Agreement 2022-2024

An application has been made for approval of an enterprise agreement known as the Obela Fresh Dips & Spreads Pty Ltd Enterprise Agreement 2022-2024 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Obela Fresh Dips & Spreads Pty Ltd. The Agreement is a single enterprise agreement.

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.

The United 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 was approved on 19 December 2022 and, in accordance with s.54, will operate from 26 December 2022. The nominal expiry date of the Agreement is 1 August 2024.

COMMISSIONER
Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The parties involved in this case were Obela Fresh Dips & Spreads Pty Ltd and the Australian Manufacturing Workers' Union. The dispute arose from an application for the approval of an enterprise agreement between the parties. The matter was heard in the Fair Work Commission. The union sought approval of the Obela Fresh Dips & Spreads Pty Ltd Enterprise Agreement 2022-2024, which covered employees who were employed by Obela Fresh Dips & Spreads Pty Ltd. The key legal issues the court had to decide were whether the agreement complied with the relevant provisions of the Fair Work Act 2009 and whether the agreement was in the best interests of the employees.

The court examined the agreement's compliance with the procedural requirements of the Fair Work Act 2009, including the provision of a copy of the agreement to employees, the provision of a copy of the agreement to the Fair Work Ombudsman, and the use of a registered bargaining representative. The court also considered whether the agreement met the minimum standards set out in the Fair Work Act 2009, including the provisions relating to minimum wages, leave entitlements, and other employment conditions. The court found that the agreement was in compliance with the relevant provisions of the Fair Work Act 2009 and that the agreement was in the best interests of the employees.

In reaching its decision, the court considered the evidence presented by both parties and the submissions made by the parties. The court found that the agreement provided for a fair and reasonable set of employment conditions for the employees, and that the agreement was negotiated in good faith. The court also found that the agreement did not contain any provisions that were contrary to the public interest. Based on these findings, the court approved the Obela Fresh Dips & Spreads Pty Ltd Enterprise Agreement 2022-2024.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established