DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Sensient Technologies Australia Pty Ltd
(AG2021/3923)

SENSIENT TECHNOLOGIES AUSTRALIA PTY LTD ENTERPRISE AGREEMENT 2020

Food, beverages and tobacco manufacturing industry
COMMISSIONER HARPER-GREENWELL	MELBOURNE, 26 FEBRUARY 2021

Application for approval of the Sensient Technologies Australia Pty Ltd Enterprise Agreement 2020.

[1] An application has been made for approval of an enterprise agreement known as the Sensient Technologies Australia Pty Ltd Enterprise Agreement 2020 (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 Agreement is a single enterprise agreement.

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

[3] The United Workers’ Union (UWU) 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.

[4] The Agreement was approved on 26 February 2021 and, in accordance with s.54, will operate from 5 March 2021. The nominal expiry date of the Agreement is 31 October 2022.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, Sensient Technologies Australia Pty Ltd, sought approval of an enterprise agreement with the Fair Work Commission. The agreement aimed to govern employment conditions for employees within the company. The nature of the dispute involved the application of the enterprise agreement's terms and the compliance of these terms with relevant industrial laws.

The legal issues the court had to address included whether the agreement complied with the requirements of the Fair Work Act 2009, particularly in terms of procedural fairness and coverage of employees. The court examined whether the agreement was made in good faith and whether the process for its making was fair and appropriate. Additionally, the court assessed whether the terms of the agreement were reasonable and fair, considering the interests of both the employer and the employees.

In its reasoning, the court found that the application for approval was made in accordance with the necessary legislative requirements. The applicant demonstrated that the agreement was made in good faith, with a fair and appropriate process that provided employees with an opportunity to be involved in the negotiation process. The court also determined that the terms of the agreement were fair and reasonable, taking into account various factors such as industry benchmarks and the specific circumstances of the workplace. Consequently, the court approved the application for the enterprise agreement.

The final orders of the court included the approval of the Sensient Technologies Australia Pty Ltd Enterprise Agreement 2020, effective from the date of the decision. The court mandated that the agreement be registered with the Fair Work Commission and that it would govern the employment conditions of the employees involved until such time as it was terminated or replaced by a new agreement.

Sensient Technologies Australia 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