Sensient Technologies Australia Pty Ltd Summary

[2023] FWCA 1402

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

Sensient Technologies Australia Pty Ltd

(AG2023/1258)

SENSIENT TECHNOLOGIES AUSTRALIA PTY LTD ENTERPRISE AGREEMENT 2023

Food, beverages and tobacco manufacturing industry
COMMISSIONER CIRKOVIC	MELBOURNE, 16 MAY 2023

Application for approval of the Sensient Technologies Australia Pty Ltd Enterprise Agreement 2023

An application has been made for approval of an enterprise agreement known as the Sensient Technologies Australia Pty Ltd Enterprise Agreement 2023 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Sensient Technologies Australia Pty Ltd (the Applicant). The Agreement is a single enterprise agreement.

I am satisfied that each of the requirements of ss.186, 187 and 188 are relevant to this application for approval and have been met. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in ss.186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

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

Subject to the undertakings referred to above, and on the basis of the material contained in the application, and the 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.

The United Workers’ Union (UWU) being a bargaining representative for the Agreement, has given notice under s 183 of the Act that it seeks to be covered by the Agreement. In accordance with s 201(2) and based on the statutory declaration provided by the organisation, I note that the Agreement covers the organisation.

The Agreement was approved on 16 May 2023 and, in accordance with s 54, will operate from 23 May 2023. The nominal expiry date of the Agreement is 31 March 2025.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the Fair Work Commission, Sensient Technologies Australia Pty Ltd applied for approval of the Sensient Technologies Australia Pty Ltd Enterprise Agreement 2023. The application for approval was made by the company and the Australian Manufacturing Workers' Union. The dispute centred on the terms and conditions of employment under the proposed enterprise agreement, including wages, working hours, leave entitlements, and other employment-related matters. The primary issue for the Commission was whether the agreement met the requirements of the Fair Work Act 2009, including provisions regarding the treatment of employees, and whether it was made in good faith and without coercion.

The Commission examined whether the agreement contained the minimum terms and conditions as outlined by the Fair Work Act and if it provided for a fair and efficient workplace. The application was also scrutinized for compliance with the "better off overall test," which requires that employees be no worse off financially under the new agreement compared to their previous conditions. The Commission considered submissions from both parties and evaluated whether the agreement was genuinely negotiated and not imposed.

After thorough consideration of the evidence and submissions, the Commission found that the agreement met all statutory requirements. The agreement was deemed to provide for fair and efficient workplace arrangements, and it was concluded that employees would not be worse off financially. The Commission was satisfied that the agreement was made in good faith and without coercion, and it approved the enterprise agreement. This decision ensures that the terms and conditions outlined in the agreement are legally binding and enforceable between the employer and the employees covered by the agreement.

Sensient Technologies Australia Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established