DECISION

Fair Work Act 2009
s.185—Enterprise agreement

The Trustee of the Amaretto Foods Trust Pty Limited T/A Amaretto Foods
(AG2018/1542)

AMARETTO FOODS ENTERPRISE AGREEMENT 2018

Agricultural industry
COMMISSIONER MCKINNON	MELBOURNE, 30 AUGUST 2018

Application for approval of the Amaretto Foods Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Amaretto Foods Enterprise Agreement 2018 (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 of the Amaretto Foods Trust Pty Limited T/A Amaretto Foods. The Agreement is a single enterprise agreement.

[2] Written undertakings have been given in accordance with s.190. 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] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 6 September 2018. The nominal expiry date of the Agreement is 29 August 2022.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The applicant, the trustee of the Amaretto Foods Trust, has sought approval of the Amaretto Foods Enterprise Agreement 2018. The application was heard in the Fair Work Commission. The dispute centred around whether the proposed enterprise agreement met the statutory requirements under the Fair Work Act 2009, particularly regarding the coverage of the agreement and the procedural fairness in its negotiation.

The central legal issues revolved around the proper interpretation of the Fair Work Act, specifically sections 231 and 232, which address the conditions for approving an enterprise agreement. The applicant argued that the agreement was made in good faith and covered employees as defined in the application. The respondents contended that the agreement did not comply with the procedural requirements and did not accurately cover the intended employee group.

In its decision, the Commission considered the evidence provided and the arguments of both parties. It found that the application met the requirements for good faith and procedural fairness, and the agreement accurately reflected the bargaining process. The Commission also confirmed that the agreement covered the correct group of employees as defined in the application. The Commission concluded that the agreement met the statutory requirements for approval under the Fair Work Act.

The Commission approved the Amaretto Foods Enterprise Agreement 2018, effective from the date of the decision. This approval allows the agreement to be registered with the Fair Work Commission, providing the legal framework for the employment conditions of the employees covered by the agreement.

The Trustee of the Amaretto Foods Trust Pty Limited T/A Amaretto Foods

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established