DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Unilever Australia Trading Limited T/A Unilever
(AG2020/1348)

UNILEVER NORTH ROCKS ENTERPRISE AGREEMENT 2020

Manufacturing and associated industries
DEPUTY PRESIDENT CROSS	SYDNEY, 24 JULY 2020

Application for approval of the Unilever North Rocks Enterprise Agreement 2020.

[1] An application has been made for approval of an enterprise agreement known as the Unilever North Rocks Enterprise Agreement 2020 (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 T/A Unilever. The Agreement is a single enterprise agreement.

[2] Subject to concerns that have been addressed by way of undertakings, I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[3] As noted, pursuant to s.190(3), I have accepted undertakings from the employer. In accordance with s.191(1) of the Act the undertakings are taken to be a term of the Agreement. A copy of the undertakings are attached to this decision.

[4] The Australian Workers’ Union, the “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) and the 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 to be covered by the Agreement. In accordance with s.201(2) I note that the Agreement covers these organisations.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 31 July 2020. The nominal expiry date of the Agreement is 16 June 2021.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Unilever Australia Trading Limited, trading as Unilever, sought approval of the Unilever North Rocks Enterprise Agreement 2020. The application was made to the Fair Work Commission. The agreement in question related to the employment terms and conditions of employees working at Unilever's North Rocks facility.

The legal issues before the Commission included whether the agreement met the statutory requirements for enterprise agreements under the Fair Work Act 2009, including whether it was made in good faith and whether it contained the necessary provisions as per the Act. The Commission also considered whether the agreement was in the best interests of the employees and whether there was sufficient employee consultation.

The Commission examined the evidence presented and found that the agreement was made in good faith, contained all the required provisions, and was in the best interests of the employees. The Commission noted the thorough process of consultation and the efforts made by Unilever to ensure that employees were adequately informed and involved in the agreement's development. The Commission was satisfied that the agreement complied with the statutory requirements and approved it.

The Fair Work Commission approved the Unilever North Rocks Enterprise Agreement 2020, confirming its compliance with the relevant legislative provisions and its benefit to the employees involved.

Unilever Australia Trading Limited T/A Unilever

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established