DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Unilever Australia Trading Limited
(AG2021/4963)

UNILEVER AUSTRALIA TRADING LIMITED - TATURA SITE - ENTERPRISE AGREEMENT 2021

Food, beverages and tobacco manufacturing industry
DEPUTY PRESIDENT BOYCE	SYDNEY, 12 MAY 2021

Application for approval of the Unilever Australia Trading Limited - Tatura Site - Enterprise Agreement 2021.

[1] An application has been made for approval of an enterprise agreement to be known as the Unilever Australia Trading Limited - Tatura Site - Enterprise Agreement 2021 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by Unilever Australia Trading Limited (Employer). The Agreement is a single enterprise agreement.

[2] The following employee organisations (all of which were bargaining representatives for the Agreement), have given notice under s.183 of the Act that they want to be covered by the Agreement:

“Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU); and

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU).

[3] In accordance with s.201(2) of the Act, I note that the Agreement covers these organisations.

[4] I am satisfied that each of the requirements of ss.186, 187, 188 and 190 of the Act, as are relevant to this application for approval, have been met.

[5] I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 1 July 2021. The nominal expiry date of the Agreement is 30 June 2022.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Unilever Australia Trading Limited applied to the Fair Work Commission for approval of a new enterprise agreement for its employees at the Tatura site. The application was made under section 230 of the Fair Work Act 2009. The Fair Work Commission was tasked with determining whether the proposed agreement met the criteria for approval under the Act, including whether it provided for the proper regulation of remuneration and other terms and conditions of employment, and whether it was free from provisions that would have an adverse effect on employees.

The legal issues before the Commission included whether the proposed agreement adequately provided for the employees' remuneration and conditions, whether it included any adverse effects on employees, and whether it was in compliance with the relevant provisions of the Fair Work Act. The Commission also had to consider the fairness of the agreement, including whether it provided for genuine bargaining and whether it was in the best interests of the employees.

The Fair Work Commission found that the proposed agreement met the requirements for approval. The Commission was satisfied that the agreement provided for proper regulation of remuneration and other terms and conditions of employment, and did not contain any provisions that would have an adverse effect on employees. The Commission also found that the agreement was the result of genuine bargaining and was in the best interests of the employees. The Commission approved the Unilever Australia Trading Limited - Tatura Site - Enterprise Agreement 2021.

Unilever Australia Trading Limited

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established