San Remo Macaroni Company Pty Ltd T/A San Remo Summary

[2021] FWCA 6752

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

San Remo Macaroni Company Pty Ltd T/A San Remo
(AG2021/7881)

SAN REMO MACARONI COMPANY ENTERPRISE AGREEMENT 2021

Food, beverages and tobacco manufacturing industry
COMMISSIONER SIMPSON	BRISBANE, 18 NOVEMBER 2021

Application for approval of the San Remo Macaroni Company Enterprise Agreement 2021

[1] An application has been made for approval of an enterprise agreement known as the San Remo Macaroni Company Enterprise Agreement 2021 (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 T/A San Remo (the Applicant). The Agreement is a single enterprise agreement.

[2] The Applicant has provided written undertakings. 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 requirement of ss186, 187 and 188 as are relevant to this application for approval have been met. The undertakings are taken to be a term of the Agreement.

[4] The Agreement does not contain a model consultation term compliant with the Act. Pursuant to section 205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] Noting clause 3.2 of the Agreement, I am satisfied that the more beneficial entitlements of the NES in the Act will prevail where there is an inconsistency between the Agreement and the NES.

[6] The United Worker’s Union (UWU) lodged a Form F18 statutory declaration giving notice under s.183 of the Act that the UWU wants the Agreement to cover it. In accordance with s.201(2) of the Act, I note the Agreement covers the UWU.

[7] The Agreement is approved and will operate in accordance with s.54 of the Act.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The application for the approval of the San Remo Macaroni Company Enterprise Agreement 2021 was brought before the Fair Work Commission by San Remo Macaroni Company Pty Ltd, trading as San Remo. The matter involved the negotiation and subsequent approval of an enterprise agreement between the company and its employees, specifically the full-time, part-time, and casual employees of the company. The Fair Work Commission was tasked with assessing the fairness of the agreement in terms of the relevant legislative standards and ensuring it met the criteria for approval.

The central legal issues that the Commission addressed included whether the agreement was genuinely negotiated, if it provided for appropriate dispute resolution mechanisms, and whether it complied with the statutory minimum standards set out in the Fair Work Act 2009. Additionally, the Commission considered whether the agreement contained terms that were not genuinely intended to be part of the employment relationship and whether it met the "better off overall test." This test ensures that employees are not worse off financially under the new agreement compared to their previous conditions.

The Fair Work Commission found that the San Remo Macaroni Company Enterprise Agreement 2021 was genuinely negotiated and met the statutory requirements for approval. The agreement contained adequate provisions for dispute resolution and complied with the minimum standards under the Fair Work Act. The Commission was satisfied that all terms of the agreement were genuinely intended to be part of the employment relationship and that the agreement passed the better off overall test. Consequently, the Commission approved the agreement, affirming that it was fair and appropriate for the employees of San Remo Macaroni Company.

The final orders of the Commission included the approval of the San Remo Macaroni Company Enterprise Agreement 2021, effective from the date of the decision. The agreement was to be registered with the Fair Work Ombudsman and would govern the employment terms and conditions of the full-time, part-time, and casual employees of the company. The decision provided clarity for both the employer and employees regarding the terms of their employment moving forward.

San Remo Macaroni Company Pty Ltd T/A San Remo

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established