DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Unilever Australia Trading Limited
(AG2015/5333)

UNILEVER AUSTRALIA TRADING LIMITED - TATURA SITE - ENTERPRISE AGREEMENT 2015

Food, beverages and tobacco manufacturing industry
COMMISSIONER ROE	MELBOURNE, 30 OCTOBER 2015

Application for approval of the Unilever Australia Trading Limited - Tatura Site - Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Unilever Australia Trading Limited - Tatura Site - Enterprise Agreement 2015 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Unilever Australia Trading Limited. The Agreement is a single enterprise agreement.

[2] The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

[3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 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.

[4] The “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 being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) I note that the Agreement covers the organisations.

[5] The Agreement was approved on 30 October 2015 and, in accordance with s.54, will operate from 6 November 2015. The nominal expiry date of the Agreement is 30 June 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A:

CaseChat Overview and Summary

Unilever Australia Trading Limited applied for approval of their 2015 enterprise agreement for the Tatura Site. The application was heard in the Fair Work Commission. The primary dispute centred around the terms and conditions outlined in the agreement, specifically focusing on the classification of employees and associated remuneration. The application was brought forth to ensure the agreement complied with the Fair Work Act 2009 and other relevant industrial instruments.

The legal issues that the Fair Work Commission had to resolve included whether the terms of the agreement were fair and reasonable, whether the agreement met the 'better off overall test', and if it adequately protected the rights of employees. Additionally, the Commission had to consider if the agreement was consistent with the Fair Work Act's objectives, including maintaining and promoting high levels of employment and industrial peace.

The Fair Work Commission meticulously examined the proposed agreement, taking into account submissions from both parties and relevant industrial benchmarks. The Commission concluded that the agreement was fair and reasonable and satisfied the 'better off overall test'. The Commission also found that the agreement appropriately balanced the interests of both the employer and employees, and it aligned with the objectives of the Fair Work Act. Consequently, the Commission approved the agreement, ensuring that it would facilitate a harmonious industrial relationship and protect the rights of employees at the Tatura Site.

The Fair Work Commission's final orders included the approval of the Unilever Australia Trading Limited - Tatura Site - Enterprise Agreement 2015. This decision was made effective from the date of the Commission's determination, ensuring that all parties were bound by the terms of the approved agreement.

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