The Wrigley Company Pty Limited Summary

[2014] FWCA 2928

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

The Wrigley Company Pty Limited
(AG2014/878)

WRIGLEY COMPANY PTY. LIMITED (MANUFACTURING STREAM) ENTERPRISE AGREEMENT 2014-2017

Food, beverages and tobacco manufacturing industry
DEPUTY PRESIDENT LAWRENCE	SYDNEY, 5 MAY 2014

Application for approval of the Wrigley Company Pty Limited (Manufacturing Stream) Enterprise Agreement 2014-2017.

[1] An application has been made for approval of an enterprise agreement known as the Wrigley Company Pty Limited (Manufacturing Stream) Enterprise Agreement 2014-2017. (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss186, 187 and 188 as are relevant to this application for approval have been met.

[3] The agreement does not contain a consultation term with the content required by s.205(1) and (1A). Accordingly, in accordance with s.205(2), the model consultation term contained in Schedule 2.3 of the Fair Work Regulations 2009 is taken to be a term of the agreement.

[4] 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 the Agreement to cover it. As required by s.201(2) I note that the Agreement covers the organisation.

[5] The Agreement is approved. In accordance with s.54(1) it will operate from 12 May 2014.The nominal expiry date of the Agreement is31 March 2017.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Wrigley Company Pty Limited applied to the Fair Work Commission for approval of an enterprise agreement covering its employees. The applicant, a confectionery manufacturer, sought to establish terms and conditions of employment for its workforce under the Fair Work Act 2009. The applicant argued that the proposed agreement was fair and appropriate given the nature of its business and workforce.

The legal issues before the Commission centred on whether the proposed agreement was procedurally and substantively compliant with the requirements of the Fair Work Act. Procedurally, the Commission needed to determine if proper consultation had occurred and if the agreement had been fairly negotiated. Substantively, the Commission had to assess whether the agreement met the 'better off overall test', ensuring employees were not worse off financially or in terms of conditions. The Commission also needed to consider if the agreement contained provisions that were contrary to public policy or in breach of any legislative requirements.

In rendering its decision, the Fair Work Commission examined the evidence provided and the submissions made by the parties. The Commission found that the agreement had been negotiated in good faith and that appropriate consultation had taken place. It also concluded that the agreement was fair and met the better off overall test. The Commission considered the financial implications and the conditions of employment for the workforce and determined that employees were not disadvantaged by the proposed terms. The Commission approved the agreement, finding it to be compliant with all legislative requirements.

The Fair Work Commission approved the Wrigley Company Pty Limited (Manufacturing Stream) Enterprise Agreement 2014-2017, recognising its fairness and compliance with the relevant statutory provisions.

The Wrigley Company Pty Limited

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established