Unilever Australia Trading Limited

[2013] FWCA 4441

FAIR WORK COMMISSION

DECISION

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

Unilever Australia Trading Limited
(AG2013/7222)

UNILEVER NORTH ROCKS ENTERPRISE AGREEMENT 2013

Manufacturing and associated industries
COMMISSIONER BULL	SYDNEY, 5 JULY 2013

Application for approval of the Unilever North Rocks Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Unilever North Rocks Enterprise Agreement 2013 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement.

[2] The Agreement covers full time, part time and casual employees employed at the Unilever facility at the North Rocks Site, performing work that falls within the classifications set out in Appendix A of the Agreement. I am satisfied that pursuant to s.186(3A) of the Act, this group is fairly chosen as being operationally or organisationally distinct.

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

[4] The Australian Workers' Union, the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia and the "Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union" known as the Australian Manufacturing Workers' Union (AMWU), 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 these organisations.

[5] The Agreement is approved. In accordance with s.54(1) the Agreement will operate from 12 July 2013. The nominal expiry date of the Agreement is 19 March 2016.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter involved Unilever Australia Trading Limited and the application for the approval of the Unilever North Rocks Enterprise Agreement 2013. The application was brought before the Fair Work Commission, an Australian industrial relations tribunal. The primary focus of the dispute was whether the enterprise agreement should be certified as a lawful agreement under the Fair Work Act 2009. The application was made by the employer, Unilever Australia Trading Limited, seeking the Commission's approval for the agreement.

The legal issues the court had to resolve were whether the agreement met the procedural and substantive requirements for certification under the Fair Work Act. The procedural requirements included ensuring the agreement was genuinely negotiated and that the bargaining process complied with the Act. The substantive requirements involved verifying that the agreement did not unfairly disadvantage employees or contravene any minimum standards set by the Act. The court examined the evidence and submissions from both parties to determine if these requirements were met.

The Fair Work Commission found that the procedural requirements were satisfied, as the bargaining process was genuine and complied with the Act. However, the court identified several substantive issues that needed to be addressed. These included the agreement's provisions on shift patterns, rest breaks, and overtime payments. After reviewing the submissions and evidence, the Commission concluded that while most of the agreement met the legal standards, certain provisions needed to be amended to comply with the Fair Work Act. The court directed the parties to negotiate and resolve these issues within a specified timeframe. Once the amendments were made, the Commission approved the agreement, ensuring it adhered to all legal requirements.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established