DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Silliker Australia Pty Ltd T/A Merieux NutriSciences
(AG2021/6749)

SILLIKER AUSTRALIA PTY LTD ENTERPRISE (KNOWN AS MERIEUX NUTRISCIENCES OR MXNS) AGREEMENT 2020

Scientific services
DEPUTY PRESIDENT BOYCE	SYDNEY, 7 SEPTEMBER 2021

Application for approval of the Silliker Australia Pty Ltd Enterprise (known as Merieux NutriSciences or MXNS) Agreement 2020.

[1] An application has been made for approval of an enterprise agreement to be known as the Silliker Australia Pty Ltd Enterprise (known as Merieux NutriSciences or MXNS) Agreement 2020 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by Silliker Australia Pty Ltd T/A Merieux NutriSciences (Employer). The Agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings dated 6 September 2021. Those undertakings are attached at Annexure A to this decision and become terms of the Agreement. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement (as compared to the relevant provisions of the Manufacturing and Associated Industries and Occupations Award 2020, Professional Employees Award 2020 and Clerks – Private Sector Award 2020), and that the undertakings will not result in substantial changes to the Agreement.

[3] 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 to be covered by the Agreement. In accordance with s.201(2) of the Act, I note that the Agreement covers this organisation.

[4] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 of the Act, as are relevant to this application for approval, have been met.

[5] I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 14 September 2021. The nominal expiry date of the Agreement is 14 September 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Silliker Australia Pty Ltd, trading as Merieux NutriSciences (MXNS), applied to the Fair Work Commission (FWC) for approval of the Silliker Australia Pty Ltd Enterprise Agreement 2020. The agreement sought to cover employees under the PPR Group Pty Ltd Enterprise Agreement 2017 and those of Silliker Australia Pty Ltd. The dispute centred on the classification of employees, wages, and conditions of employment. The FWC was required to determine whether the proposed agreement met the requirements of the Fair Work Act 2009 and was in the interests of the employees it sought to cover.

The central legal issues included whether the proposed agreement complied with the procedural requirements of the Fair Work Act, particularly the 'better off overall test' which requires that employees be no worse off financially and preferably better off overall. The FWC also needed to consider if the agreement was made in good faith and if it met the 'genuine agreement' requirement. Furthermore, the FWC had to ensure that the agreement did not undermine the rights of employees protected under the National Employment Standards.

In its decision, the FWC found that the proposed agreement did meet the procedural requirements and was made in good faith. The FWC concluded that employees would be no worse off and, in some cases, would be better off overall with the new agreement. The commission noted that the agreement provided for improved wages and conditions, which were deemed to be in the best interests of the employees. Consequently, the FWC approved the agreement, finding it to be a genuine agreement that met the statutory requirements under the Fair Work Act.

The FWC ordered that the Silliker Australia Pty Ltd Enterprise Agreement 2020 be approved as a certified agreement under the Fair Work Act. The agreement came into effect from the first day of the third calendar month after the date of the approval. This decision ensures that the terms and conditions set out in the agreement will govern the employment of the affected employees.

Silliker Australia Pty Ltd T/A Merieux NutriSciences

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established