DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Obela Fresh Dips & Spreads Pty Ltd
(AG2014/8271)

OBELA FRESH DIPS & SPREADS PTY LTD ENTERPRISE AGREEMENT 2014 - 2015

Food, beverages and tobacco manufacturing industry
SENIOR DEPUTY PRESIDENT O'CALLAGHAN	ADELAIDE, 5 DECEMBER 2014

Application for approval of the Obela Fresh Dips & Spreads Pty Ltd Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Obela Fresh Dips & Spreads Pty Ltd Enterprise Agreement 2014 (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] 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] The National Union of Workers (NUW), 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) of the Act, I note that the Agreement covers this organisation.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 13 December 2014. The nominal expiry date of the Agreement is 1 December 2015.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, Obela Fresh Dips & Spreads Pty Ltd, sought approval of an enterprise agreement. The application was brought before the Fair Work Commission, which was required to determine if the agreement met the requirements of the Fair Work Act 2009. The dispute centred on the terms and conditions outlined in the proposed agreement, specifically whether they complied with the statutory criteria for approval.

The key legal issue the Commission needed to address was whether the agreement contained provisions that contravened the mandatory requirements set out in the Fair Work Act, such as those concerning minimum rates of pay, penalty rates, and the preservation of certain entitlements. Additionally, the Commission had to consider whether the agreement was made in good faith and whether it provided for a proper process for resolving disputes.

In delivering its decision, the Fair Work Commission assessed the provisions of the enterprise agreement against the legislative framework. The Commission found that the agreement was compliant with the statutory requirements and did not contain any provisions that were contrary to the Act. Furthermore, the Commission was satisfied that the agreement had been made in good faith and included adequate dispute resolution mechanisms. Consequently, the Commission approved the enterprise agreement.

The Fair Work Commission's approval of the enterprise agreement allows Obela Fresh Dips & Spreads Pty Ltd and its employees to proceed under the terms outlined in the agreement. This decision provides clarity and certainty for both parties, ensuring that the agreement operates within the legal framework established by the Fair Work Act.

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