DECISION

Fair Work Act 2009
s.185—Enterprise agreement

The Trustee for Annex Unit Trust T/A Annex Holdings Pty Ltd
(AG2018/977)

ANNEX ENTERPRISE AGREEMENT 2018 - 2021

Food, beverages and tobacco manufacturing industry
COMMISSIONER GREGORY	MELBOURNE, 13 JULY 2018

Application for approval of the Annex Enterprise Agreement 2018 - 2021.

[1] An application has been made for approval of an enterprise agreement known as the Annex Enterprise Agreement 2018 - 2021 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by The Trustee for Annex Unit Trust T/A Annex Holdings Pty Ltd. The Agreement is a single enterprise agreement.

[2] The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

[3] 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.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 20 July 2018. The nominal expiry date of the Agreement is 19 July 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the recent case, The Trustee for Annex Unit Trust T/A Annex Holdings Pty Ltd, the Fair Work Commission (FWC) was tasked with approving an enterprise agreement that had been negotiated between the employer and its employees. The dispute centred around the provisions of the Annex Enterprise Agreement 2018 - 2021, which sought to govern the terms and conditions of employment for the employees of Annex Holdings Pty Ltd.

The legal issues before the FWC included whether the agreement met the requirements of the Fair Work Act 2009, particularly in relation to the 'better off overall test' (BOOT), and whether the agreement was made in good faith and without coercion. The FWC also had to consider whether the agreement provided for fair and reasonable terms and conditions, including pay and conditions, redundancy, and dispute resolution.

The FWC determined that the Annex Enterprise Agreement 2018 - 2021 met the BOOT, as it provided employees with improved terms and conditions when compared to the applicable awards. The FWC found that the agreement had been negotiated in good faith and without coercion, as evidenced by the employer's willingness to enter into negotiations and the employees' participation in the process. The FWC also concluded that the agreement provided for fair and reasonable terms and conditions, including pay and conditions, redundancy, and dispute resolution. As a result, the FWC approved the Annex Enterprise Agreement 2018 - 2021.

The FWC's decision serves as a reminder to employers and employees that the FWC will closely scrutinise enterprise agreements to ensure they meet the requirements of the Fair Work Act 2009. Employers and employees should take care to negotiate agreements that provide for fair and reasonable terms and conditions, and that meet the BOOT. The FWC's approval of the Annex Enterprise Agreement 2018 - 2021 provides guidance on the types of provisions that may be included in future enterprise agreements.

The Trustee for Annex Unit Trust T/A Annex Holdings 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