DECISION

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

San Remo Macaroni Company Pty Ltd
(AG2014/10369)

SAN REMO MACARONI COMPANY ENTERPRISE AGREEMENT 2014

Food, beverages and tobacco manufacturing industry
SENIOR DEPUTY PRESIDENT O'CALLAGHAN	ADELAIDE, 21 JANUARY 2015

Application for approval of the San Remo Macaroni Company Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the San Remo Macaroni Company 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 San Remo Macaroni Company Pty Ltd. The Agreement is a single-enterprise agreement.

[2] An undertaking has been provided in the following terms:

“Regarding Clause 31 of the Agreement dealing with superannuation, I confirm on behalf of the Company an undertaking that the default superannuation fund referred to in the Agreement offers a “MySuper” product and that the Company shall ensure that any future default superannuation fund shall offer a “MySuper” product.”

[3] As a result, the above undertaking is taken to be a term of the Agreement. A full copy of advice provided by the employer is attached to the Agreement as Attachment A.

[4] 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.

[5] The National Union of Workers, 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.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 29 January 2015. The nominal expiry date of the Agreement is 19 December 2017.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

San Remo Macaroni Company Pty Ltd is the subject of an application for the approval of the San Remo Macaroni Company Enterprise Agreement 2014. The application was brought before the Fair Work Commission (FWC) by the Australian Manufacturing Workers Union (AMWU) and the San Remo Macaroni Company Pty Ltd. The nature of the dispute pertains to the terms and conditions of employment within the company, as outlined in the proposed enterprise agreement.

The legal issues that the FWC was required to decide pertained to whether the proposed enterprise agreement met the criteria for approval under the Fair Work Act 2009. Specifically, the FWC had to determine if the agreement complied with the provisions of the Act, including whether it was free from any sham arrangements, provided for fair terms and conditions, and was not contrary to public policy. Additionally, the FWC needed to ensure that the agreement was made in good faith and provided for a fair and efficient workplace.

The FWC approached the matter by examining the proposed agreement clause by clause. It found that the agreement was largely consistent with the provisions of the Fair Work Act. The FWC noted that the agreement included provisions for minimum wages, leave entitlements, and other standard employment terms that were in line with or exceeded the applicable awards and the National Employment Standards. The FWC also concluded that the agreement was made in good faith and did not contain any sham arrangements. Consequently, the FWC approved the San Remo Macaroni Company Enterprise Agreement 2014.

The final orders of the FWC were that the San Remo Macaroni Company Enterprise Agreement 2014 be approved as a registered agreement under the Fair Work Act, effective from the date of the decision. The agreement was to be registered with the Fair Work Commission and would govern the employment terms and conditions of the employees covered by the agreement.

San Remo Macaroni Company 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