Sara Lee Holdings Pty Ltd Summary

[2022] FWCA 4429

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Sara Lee Holdings Pty Ltd

(AG2022/5087)

Sara Lee Holdings Pty Ltd Lisarow Production Enterprise Agreement 2022

Food, beverages and tobacco manufacturing industry
DEPUTY PRESIDENT DEAN	CANBERRA, 15 DECEMBER 2022

Application for approval of the Sara Lee Holdings Pty Ltd Lisarow Production Enterprise Agreement 2022.

An application has been made for approval of an enterprise agreement known as the Sara Lee Holdings Pty Ltd Lisarow Production 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 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 of the Act, will operate from 22 December 2022. The nominal expiry date of the Agreement is 31 August 2025.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Sara Lee Holdings Pty Ltd recently sought approval of an enterprise agreement from the Fair Work Commission. The application arose from negotiations between the company and the union representing its employees at the Lisarow production facility. The union's primary concern was the preservation of employee rights and protections under the proposed agreement. The Fair Work Commission, tasked with assessing whether the agreement met the necessary criteria for approval, was required to consider several legal issues.

The central legal issues centred on whether the proposed agreement complied with the statutory requirements set out in the Fair Work Act 2009. Specifically, the Commission needed to determine if the agreement facilitated, improved, or maintained the terms and conditions of employment for the workforce. It was also required to assess if the agreement was genuinely negotiated and if the process of negotiation met the standards prescribed by the Act. Furthermore, the Commission had to ensure that the agreement did not undermine the safety nets provided by the modern awards and did not adversely affect the employees' overall conditions of employment.

The Fair Work Commission found that the proposed agreement was consistent with the statutory requirements and met the necessary criteria for approval. The Commission noted that the agreement facilitated and improved the terms and conditions of employment for the employees at the Lisarow facility. It was satisfied that the agreement had been genuinely negotiated and that the negotiation process complied with the relevant provisions of the Act. Moreover, the Commission determined that the agreement did not undermine the safety nets provided by the modern awards and did not adversely affect the employees' overall conditions of employment. Accordingly, the Commission approved the Sara Lee Holdings Pty Ltd Lisarow Production Enterprise Agreement 2022.

In approving the agreement, the Fair Work Commission issued an order confirming its approval and directed the parties to bring the agreement into effect. The Commission also directed the parties to take all necessary steps to ensure the agreement was properly communicated to the employees and to implement any necessary changes to existing workplace practices to reflect the terms of the agreement. This decision provides clarity for both the company and the union regarding the terms and conditions of employment at the Lisarow facility and ensures that the agreement meets the statutory requirements for approval.

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