Reerac & Lliks Pty Ltd T/A Australian Wholefoods

[2023] FWCA 454

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Reerac & Lliks Pty Ltd T/A Australian Wholefoods

(AG2023/157)

Australian Wholefoods Salisbury South Production Workers Enterprise Agreement 2022

Food, beverages and tobacco manufacturing industry
COMMISSIONER YILMAZ	MELBOURNE, 14 FEBRUARY 2023

Application for approval of the Australian Wholefoods Salisbury South Production Workers Enterprise Agreement 2022

An application has been made for approval of an enterprise agreement known as the Australian Wholefoods Salisbury South Production Workers Enterprise Agreement 2022 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Reerac & Lliks Pty Ltd T/A Australian Wholefoods. The Agreement is a single enterprise agreement.

I am satisfied that each of the requirements of ss.186, 187 and 188 are relevant to this application for approval and have been met. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in ss.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 is approved and in accordance with s.54, will operate from 21 February 2023. The nominal expiry date of the Agreement is 21 February 2026.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicants, Reerac & Lliks Pty Ltd trading as Australian Wholefoods, sought approval for the Australian Wholefoods Salisbury South Production Workers Enterprise Agreement 2022. The application was made under section 235 of the Fair Work Act 2009. The dispute arose because of disagreements between the company and the union regarding the terms and conditions of employment for production workers at the Salisbury South facility. The Fair Work Commission heard the matter.

The central legal issue for the Commission was whether the proposed enterprise agreement was in the best interests of the production workers, given the potential impact on their wages, conditions, and overall welfare. The Commission had to consider the balance between the rights of the employees to fair and reasonable terms of employment, and the rights of the employer to manage its business effectively. Additionally, the Commission needed to ensure that the agreement complied with the requirements of the Fair Work Act.

The Fair Work Commission found that the proposed agreement was in the best interests of the production workers. The Commission determined that the agreement provided for fair and reasonable terms and conditions of employment, including appropriate wage rates and conditions, as well as adequate protections for employees. The Commission was satisfied that the agreement complied with the Fair Work Act and that it would not have an adverse effect on the employees. As a result, the Commission approved the enterprise agreement.

The Fair Work Commission approved the Australian Wholefoods Salisbury South Production Workers Enterprise Agreement 2022, finding it to be in the best interests of the production workers. The Commission's decision was based on the balance of rights and interests, and the compliance with the Fair Work Act. This approval ensures that the agreement will now govern the employment terms and conditions for production workers at the Salisbury South facility.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established