DECISION

Fair Work Act 2009
s.185—Enterprise agreement

San Remo Macaroni Company Pty Ltd
(AG2017/6619)

SAN REMO MACARONI COMPANY ENTERPRISE AGREEMENT 2017

Food, beverages and tobacco manufacturing industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 14 MARCH 2018

Application for approval of the San Remo Macaroni Company Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the San Remo Macaroni Company Enterprise Agreement 2017 (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] The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure A. 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, and on the basis of the material contained in the application and accompanying statutory declaration, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[4] 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) and based on the statutory declaration provided by the organisation, I note that the Agreement covers the organisation.

[5] The Agreement was approved on 14 March 2018 and, in accordance with s.54, will operate from 21 March 2018. The nominal expiry date of the Agreement is 19 December 2021.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

San Remo Macaroni Company Pty Ltd was the subject of an application to the Fair Work Commission for approval of the San Remo Macaroni Company Enterprise Agreement 2017. The application was brought by the company, which sought to have the enterprise agreement approved under the Fair Work Act 2009. The nature of the dispute involved the terms and conditions of employment for the company’s employees, including wages, hours of work, and other employment-related matters.

The primary legal issue before the Commission was whether the enterprise agreement met the statutory requirements for approval under the Fair Work Act. Specifically, the Commission needed to determine whether the agreement complied with the provisions of the Act, including whether it was made in good faith and whether it provided for the proper classification of employees and their rates of pay. Additionally, the Commission had to consider whether the agreement contained all the mandated minimum terms and conditions set out in the Fair Work Act.

In reaching its decision, the Commission examined the content of the enterprise agreement and the process by which it was negotiated and agreed upon. The Commission found that the agreement was made in good faith and contained all the mandated minimum terms and conditions. The Commission also concluded that the agreement appropriately classified employees and set their rates of pay, and that it did not unjustifiably discriminate against any group of employees. Based on these findings, the Commission approved the enterprise agreement. Consequently, the agreement was registered and became legally binding on the parties.

The Fair Work Commission approved the San Remo Macaroni Company Enterprise Agreement 2017, finding that it complied with the requirements of the Fair Work Act. The agreement was registered, and it now serves as the governing document for the employment terms and conditions of the company's employees.

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