DECISION

Fair Work Act 2009
s.185—Enterprise agreement

The Wrigley Company Pty Limited T/A The Wrigley Company
(AG2017/1427)

WRIGLEY COMPANY PTY. LIMITED (MANUFACTURING STREAM) ENTERPRISE AGREEMENT 2017 - 2020

Food, beverages and tobacco manufacturing industry
COMMISSIONER ROE	MELBOURNE, 11 MAY 2017

Application for approval of the Wrigley Company Pty. Limited (Manufacturing Stream) Enterprise Agreement 2017-2020.

[1] An application has been made for approval of an enterprise agreement known as the Wrigley Company Pty. Limited (Manufacturing Stream) Enterprise Agreement 2017 – 2020 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by The Wrigley Company Pty Limited T/A The Wrigley Company. 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 “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union 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 11 May 2017 and, in accordance with s.54, will operate from 18 May 2017. The nominal expiry date of the Agreement is 31 March 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Wrigley Company Pty Limited, trading as The Wrigley Company, applied for approval of an enterprise agreement to the Fair Work Commission. The dispute centred around the terms of the proposed agreement, which was to govern employment conditions for workers within the manufacturing stream of the company over the period 2017-2020. The court was tasked with determining whether the agreement met the legal requirements for approval under the Fair Work Act 2009.

The primary legal issues involved assessing whether the agreement was a "better off overall test" (BOOT) agreement, as required by the legislation. This meant that the agreement had to be shown to provide overall benefits to employees compared to the applicable award or other relevant agreements. Additionally, the court needed to verify that the agreement complied with the procedural requirements for registration and did not include any provisions that were contrary to public policy or contrary to the spirit of the Fair Work Act.

The Fair Work Commission found that the agreement satisfied the BOOT requirement, as it provided employees with benefits that outweighed any disadvantages. The Commission also determined that the agreement adhered to the necessary procedural standards for approval and did not contain any impermissible provisions. Consequently, the application for approval was granted, and the enterprise agreement was registered.

In summary, the Fair Work Commission approved the Wrigley Company Pty Limited (Manufacturing Stream) Enterprise Agreement 2017-2020, finding it to be a BOOT agreement and compliant with all relevant legal requirements. The agreement was registered, and the parties are now bound by its terms.

The Wrigley Company Pty Limited T/A The Wrigley Company

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established