Tupperware Australia Pty Ltd Summary

[2017] FWCA 5666

FAIR WORK COMMISSION

decision

Fair Work Act 2009

s.185—Enterprise agreement

Tupperware Australia Pty Ltd

(AG2017/4382)

Tupperware Australia Pty Ltd Enterprise Agreement 2017

Storage services
Deputy President Masson	MELBOURNE, 31 OCTOBER 2017

Application for approval of the Tupperware Australia Pty Ltd Enterprise Agreement 2017.

An application has been made for approval of an enterprise agreement known as the Tupperware Australia Pty Ltd Enterprise Agreement 2017 (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 Agreement is a single enterprise agreement.

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 National Union of Workers 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.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 November 2017. The nominal expiry date of the Agreement is 14 August 2020.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Tupperware Australia Pty Ltd applied to the Fair Work Commission for the approval of an enterprise agreement. The applicant sought to have the agreement approved under section 186 of the Fair Work Act 2009. The Fair Work Commission was required to decide whether the enterprise agreement complied with the Act and the appropriate process for its approval.

The primary legal issue before the Commission was whether the agreement met the requirements for registration under the Fair Work Act. Specifically, the Commission had to determine if the agreement had been fairly negotiated, contained mandatory terms, and if it complied with the provisions of the Act. The applicant argued that the agreement had been negotiated in good faith, contained terms that were fair and reasonable, and complied with all statutory requirements.

The Fair Work Commission found that the agreement had been fairly negotiated and contained terms that were fair and reasonable. The Commission determined that the applicant had demonstrated compliance with the Act and that the agreement met all the necessary criteria for approval. The Commission approved the enterprise agreement, finding that it was in the best interests of the employees and the employer.

The Fair Work Commission approved the Tupperware Australia Pty Ltd Enterprise Agreement 2017, finding that it met all the necessary criteria for approval under the Fair Work Act. The Commission found that the agreement had been fairly negotiated, contained terms that were fair and reasonable, and complied with the provisions of the Act. The applicant was granted approval for the enterprise agreement, which will now be binding on the parties.

Tupperware Australia Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established