DECISION

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

Tupperware Australia Pty Ltd
(AG2014/10103)

TUPPERWARE AUSTRALIA PTY LTD ENTERPRISE AGREEMENT 2014

Storage services
COMMISSIONER ROE	MELBOURNE, 19 JANUARY 2015

Application for approval of the Tupperware Australia Pty Ltd Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Tupperware Australia Pty Ltd Enterprise Agreement 2014 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Tupperware Australia Pty Ltd (the Applicant). The agreement is a single-enterprise agreement.

[2] I was initially concerned with some aspects of the proposed Agreement and wrote to the company outlining those issues on 9 December 2014. On 15 January 2015 I received a signed undertaking in response to the queries from Nicole Congreve, Human Resources Manager. This undertaking now forms part of the Agreement and is kept on the file. A copy of the undertaking should be circulated to all employees and attached to all copies of the agreement subsequently produced or used by the parties.

[3] The undertaking which now forms part of the Agreement is attached.

[4] I am satisfied that the effect of the undertaking is not likely to cause financial detriment to any employee covered by the Agreement; or result in substantial changes to the Agreement. Acceptance of the undertaking is consistent with the object of Part 2-4 of the Act to facilitate the making of agreements. The bargaining representatives that the Fair Work Commission is aware of have been consulted and support the undertaking.

[5] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act 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.

[6] The National Union of Workers has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with Section 201(2) of the Act I note that the Agreement covers the organisation.

[7] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 26 January 2015. The nominal expiry date of the Agreement is 14 August 2017.

COMMISSIONER

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CaseChat Overview and Summary

The applicant, Tupperware Australia Pty Ltd, sought the court's approval of the Tupperware Australia Pty Ltd Enterprise Agreement 2014. The agreement was a proposed industrial arrangement between the company and its employees, specifically the members of the Retail and Fast Food Workers Union. The matter was heard in the Fair Work Commission, the tribunal responsible for overseeing and approving enterprise agreements under the Fair Work Act 2009. The central legal issue before the Commission was whether the proposed enterprise agreement met the statutory requirements for approval under the Act. This involved ensuring the agreement complied with the provisions concerning good faith bargaining, the coverage of employees, and the fairness of terms and conditions.

The Commission's analysis focused on verifying whether the agreement was genuinely negotiated and whether it contained the mandatory terms as stipulated by the Act. The evidence presented included details of the bargaining process and submissions from both the applicant and the union, as well as the employees' views. The court examined the fairness of the terms, including wages, working hours, and other conditions. Given the comprehensive nature of the agreement and the evidence of good faith negotiations, the Commission found that the proposed agreement met all statutory requirements for approval. The agreement was found to be fair and reasonable, covering all necessary mandatory terms, and was approved by the Commission.

The Fair Work Commission approved the Tupperware Australia Pty Ltd Enterprise Agreement 2014, recognising it as a valid and binding industrial instrument. The decision affirmed that the agreement was negotiated in good faith and included all mandatory terms, thereby complying with the statutory framework. This outcome ensures that the terms and conditions of employment for the employees of Tupperware Australia Pty Ltd are legally recognised and enforceable.

Tupperware Australia 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