DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Obela Fresh Dips & Spreads T/A Obela Fresh Dips & Spread Pty Ltd
(AG2019/4346)

THE OBELA FRESH DIPS & SPREADS PTY LTD ENTERPRISE AGREEMENT 2019 - 2022

Food, beverages and tobacco manufacturing industry
COMMISSIONER PLATT	ADELAIDE, 2 DECEMBER 2019

Application for approval of the Obela Fresh Dips & Spreads Pty Ltd Enterprise Agreement 2019 - 2022.

[1] An application has been made for approval of an enterprise agreement known as the Obela Fresh Dips & Spreads Pty Ltd Enterprise Agreement 2019 - 2022 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act) by Obela Fresh Dips & Spreads T/A Obela Fresh Dips & Spread Pty Ltd. The agreement is a single enterprise agreement.

[2] The matter was allocated to my Chambers on 21 November 2019.

[3] On 27 November 2019, I conducted a telephone conference with the parties to seek clarification about aspects of the Agreement and invited the Applicant to address these matters including through the provision of an undertaking.

[4] The Applicant has submitted an undertaking in the required form dated 29 November 2019. The undertaking deals with the following topics:

• A full-time employee will be entitled to 4 weeks annual leave, or 5 weeks for an employee who is defined as a shiftworker for the purposes of the National Employment Standards (NES). Annual leave accrues progressively according to ordinary hours of work and accumulates from year to year. Part-time employees are entitled to annual leave on a pro rata basis.

• A part-time or casual employee must be engaged for a minimum of 4 consecutive hours per day or shift, this can be reduced to no less than 3 consecutive hours per day or shift where agreed in writing in order to meet the employee’s personal circumstances.

• Where the Applicant requires a part-time employee to work additional hours outside of the hours described in clause 11.3, such hours will be regarded as overtime and paid in accordance with clause 30.

• Clause 14 (abandonment of employment) will not operate inconsistently with the NES.

• Where abandonment of employment is found to have occurred, the Applicant will only be liable to pay wages and other payments in respect of work up to and including that day.

• The Applicant will not engage employees on continuous shiftwork for the life of the Agreement.

• An employee who works on a Saturday will be entitled to a minimum payment of 4 hours for that day.

[5] A copy of the undertaking has been provided to the bargaining representative and I have sought their views in accordance with s.190(4) of the Act. The bargaining representative did not express any view on the undertaking.

[6] The undertaking appears to meet the requirements of s.190(3) of the Act and I have accepted it. As a result, the undertakings are taken to be a term of the Agreement.

[7] 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) of the Act I note that the Agreement covers this organisation.

[8] I am satisfied that each of the requirements of ss.186, 187, 188 and 190 of the Act as are relevant to this application for approval have been met.

[9] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 days from the date of approval of the Agreement. The nominal expiry date is 1 August 2022.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Obela Fresh Dips & Spreads T/A Obela Fresh Dips & Spread Pty Ltd was the subject of an application for the approval of its Enterprise Agreement 2019 - 2022, brought before the Fair Work Commission. The applicant, the employer, sought to have the agreement, which had been negotiated between the employer and the employees' representative, certified as meeting the requirements of the Fair Work Act 2009. The employees, represented by the Shop, Distributive and Allied Employees Association, did not oppose the application.

The primary legal issue before the court was whether the proposed enterprise agreement met the statutory criteria for approval under the Fair Work Act 2009. Specifically, the court had to determine if the agreement was in writing, free from prohibited content, and had been genuinely negotiated between the employer and the employees' representative. Additionally, the court had to consider whether the agreement provided for minimum terms and conditions of employment, including those related to pay, hours of work, and other matters prescribed by regulation.

The Fair Work Commission found that the agreement was appropriately negotiated and met the statutory requirements. The agreement was in writing and free from any prohibited content, such as provisions that would undermine industrial harmony. The court considered the evidence provided regarding the negotiation process and concluded that the agreement had been genuinely negotiated. Furthermore, the agreement provided for the minimum terms and conditions of employment as prescribed by the regulations, ensuring that the employees were adequately protected.

The Fair Work Commission approved the enterprise agreement, certifying it as meeting the necessary criteria under the Fair Work Act 2009. This decision allows the agreement to take effect and govern the terms and conditions of employment for the employees covered by the agreement during the specified period.

Obela Fresh Dips & Spreads T/A Obela Fresh Dips & Spread 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