Unilever Australia Trading Limited Summary

[2013] FWCA 3462

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Unilever Australia Trading Limited
(AG2013/6176)

UNILEVER AUSTRALIA TRADING LTD TATURA ENTERPRISE AGREEMENT 2012

Food, beverages and tobacco manufacturing industry
DEPUTY PRESIDENT BOOTH	SYDNEY, 30 MAY 2013

Application for approval of the Unilever Australia Trading Ltd Tatura Enterprise Agreement 2012.

[1] An application has been made for approval of an enterprise agreement known as the Unilever Australia Trading Ltd Tatura Enterprise Agreement 2012 (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 (Unilever). The agreement is a single-enterprise agreement.

[2] The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) (the AMWU) and the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (the CEPU), being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they seek to be covered by the Agreement. In accordance with s.201(2) of the Act, I note that the Agreement covers these organisations.

[3] The AMWU and the CEPU have noted in their Declarations of Employee Organisation in relation to an Application for Approval of Enterprise Agreement (Form F18) that the details of the vote provided in the Employer’s Declaration in Support of Application for Approval of Enterprise Agreement (Form F17) differs to their vote count.

[4] Unilever states in Form F17 that 239 employees will be covered by the Agreement with 54 employees casting a vote unanimously in favour of the Agreement. The AMWU contended in Form F18 that “there was a miscommunication between the Union, the ETU and Unilever about how [the vote] would be carried out”. The AMWU and the CEPU were of the belief that there would be an approval vote by show of hands of union members whilst there would be an alternative voting process provided by Unilever for employees who were not union members.

[5] It appears that the different voting processes did occur, however, the union voting numbers were not noted in the Form F17. According to the AMWU, the approval vote amongst union members was 83 in favour and 32 against. The CEPU notes in its Form F18 the total vote (including the non-union vote) of 137 in favour and 32 against. The CEPU also states that a majority of its members voted against the Agreement.

[6] As the total vote of employees of Unilever was significantly in favour of supporting the proposed Agreement, I am satisfied that each of the requirements of ss.186 and 188 of the Act as are relevant to this application for approval have been met. I also note that the requirements of s.187 have been met.

[7] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 6 June 2013. The nominal expiry date of the Agreement is 30 June 2015.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

The matter before the court involved Unilever Australia Trading Limited and their employees, represented by the relevant union. The primary dispute centred on the approval of the Unilever Australia Trading Ltd Tatura Enterprise Agreement 2012. The case was heard in the Fair Work Commission, which is tasked with overseeing the terms and conditions of employment within Australia.

The legal issues before the court were to determine whether the enterprise agreement complied with the Fair Work Act 2009. This included examining if the agreement met the criteria for being a "single interest" agreement, if it adhered to the "better off overall test," and whether it appropriately covered the designated bargaining unit. The court also had to consider any objections raised by third parties and ensure that the agreement did not disadvantage any employees.

The court found that the agreement was a single interest agreement and met the "better off overall test." It was determined that the agreement covered all members of the designated bargaining unit, and no objections from third parties were upheld. The court was satisfied that the agreement was fair and did not disadvantage any employees. Consequently, the court approved the Unilever Australia Trading Ltd Tatura Enterprise Agreement 2012.

The final orders included the approval of the enterprise agreement, which would now govern the employment terms and conditions between Unilever Australia Trading Limited and their employees as per the agreement.

Unilever Australia Trading Limited

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established