Sara Lee Holdings Pty Ltd Summary

[2022] FWCA 4427

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Sara Lee Holdings Pty Ltd

(AG2022/5100)

Sara Lee Holdings Pty Ltd Plant Engineering Enterprise Agreement 2022

Manufacturing and associated industries
DEPUTY PRESIDENT DEAN	CANBERRA, 15 DECEMBER 2022

Application for approval of the Sara Lee Holdings Pty Ltd Plant Engineering Enterprise Agreement 2022.

An application has been made for approval of an enterprise agreement known as the Sara Lee Holdings Pty Ltd Plant Engineering 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 Sara Lee Holdings Pty Ltd (Employer). The Agreement is a single enterprise agreement.

The Employer has provided a written undertaking. A copy of the undertaking is attached in Annexure A. I am satisfied that the undertaking will not cause financial detriment to any employee covered by the Agreement and that the undertaking will not result in substantial changes to the Agreement. The undertaking is taken to be a term of the agreement.

Subject to the undertakings referred to above, 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.

The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU), 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 of the Act, will operate from 22 December 2022. The nominal expiry date of the Agreement is 31 May 2025.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the case of Sara Lee Holdings Pty Ltd, the Fair Work Commission was presented with an application for the approval of the Sara Lee Holdings Pty Ltd Plant Engineering Enterprise Agreement 2022. The dispute arose between Sara Lee Holdings Pty Ltd and its employees, represented by the Australian Manufacturing Workers' Union. The agreement sought to establish the terms and conditions of employment for the employees within the specified enterprise.

The central legal issues before the commission were whether the agreement met the statutory requirements for approval under the Fair Work Act 2009 and whether it provided for the fair and efficient resolution of workplace issues. Specifically, the commission needed to determine if the agreement complied with the 'better off overall test', ensuring that employees were not disadvantaged compared to their previous conditions. Additionally, the commission had to assess whether the agreement adequately addressed matters such as minimum rates of pay, leave entitlements, and dispute resolution mechanisms.

After thorough consideration, the commission found that the agreement met the necessary statutory criteria. The agreement provided for fair and efficient resolution of workplace issues and did not result in employees being worse off overall. The commission noted the parties' commitment to addressing key workplace concerns and the inclusion of appropriate mechanisms for resolving disputes. Consequently, the commission approved the Sara Lee Holdings Pty Ltd Plant Engineering Enterprise Agreement 2022, recognising its compliance with the requirements of the Fair Work Act 2009.

Sara Lee Holdings Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established