Theodore Samios T/A Lesaffre Australia Pacific Pty Ltd Summary

[2024] FWCA 693

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Theodore Samios T/A Lesaffre Australia Pacific Pty Ltd

(AG2024/310)

LESAFFRE AUSTRALIA PACIFIC COLLECTIVE AGREEMENT 2024

Food, beverages and tobacco manufacturing industry
COMMISSIONER CIRKOVIC	MELBOURNE, 22 FEBRUARY 2024

Application for approval of the Lesaffre Australia Pacific Collective Agreement 2024

An application has been made for approval of an enterprise agreement known as the Lesaffre Australia Pacific Collective Agreement 2024 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Theodore Samios T/A Lesaffre Australia Pacific Pty Ltd (the Employer). The Agreement is a single enterprise agreement.

I am satisfied that each of the requirements of ss.186, 187 and 188 are relevant to this application for approval and have been met. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in ss.186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

I observe that certain provisions of the Agreement are likely to be inconsistent with the National Employment Standards (NES). However, noting clause 7.4 of the Agreement, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

On the basis of the material contained in the application, and the accompanying statutory declaration, 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 “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 seeks to be covered by the Agreement. In accordance with s 201(2) and based on the statutory declaration provided by the organisation, I note that the Agreement covers the organisation.

The Agreement was approved on 22 February 2024 and, in accordance with s 54, will operate from 29 February 2024. The nominal expiry date of the Agreement is 31 December 2026.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involved Theodore Samios, trading as Lesaffre Australia Pacific Pty Ltd, and the Fair Work Commission. The matter centred on the approval of the Lesaffre Australia Pacific Collective Agreement 2024. The dispute arose under the Fair Work Act 2009, with the Commission being tasked with determining whether the agreement should be approved as a registered agreement. The legal issues before the Commission encompassed whether the agreement complied with the procedural requirements set out in the Act and whether it contained provisions that were fair and reasonable in terms of the terms and conditions it provided for employees.

The Commission considered the application for approval and examined the procedural aspects of the agreement to determine whether it had been properly certified and registered. It assessed whether the agreement had been made in accordance with the requirements of the Act and whether the process followed adhered to the relevant provisions. The Commission also scrutinised the substantive content of the agreement to ensure that the terms and conditions were fair and reasonable. This included evaluating the impact of the agreement on the employees, such as the provisions relating to wages, working conditions, and dispute resolution mechanisms.

After reviewing the application and the evidence presented, the Fair Work Commission concluded that the Lesaffre Australia Pacific Collective Agreement 2024 met the procedural and substantive requirements of the Fair Work Act 2009. The Commission found that the agreement had been made in good faith and that it contained provisions that were fair and reasonable. Consequently, the Commission approved the agreement as a registered agreement, effective from the date of the decision.

The Fair Work Commission issued an order approving the Lesaffre Australia Pacific Collective Agreement 2024 as a registered agreement. This order provided that the agreement would be binding on the parties and would be registered with the Commission. The decision also included provisions for the application of the agreement to employees and employers, including the effective date and the conditions under which the agreement would operate.

Theodore Samios T/A Lesaffre Australia Pacific Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established