DECISION

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

Unilever Australia Trading Limited
(AG2021/6634)

UNILEVER NORTH ROCKS ENTERPRISE AGREEMENT 2021

Manufacturing and associated industries
DEPUTY PRESIDENT CROSS	SYDNEY, 31 AUGUST 2021

Application for approval of the Unilever North Rocks Enterprise Agreement 2021.

[1] An application has been made for approval of an enterprise agreement known as the Unilever North Rocks Enterprise Agreement 2021 (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 Employer 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. The undertakings are taken to be a term of 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.

[4] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU), Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union (AMWU) and the Australian Workers Union (AWU) being bargaining representatives for the Agreement, have respectively given notice under s.183 of the Act that they want the Agreement to cover their organisations. In accordance with s.201(2) I note that the Agreement covers those organisations.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from seven days of the date of this approval. The nominal expiry date of the Agreement is 16 June 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

Unilever Australia Trading Limited applied for the approval of the Unilever North Rocks Enterprise Agreement 2021. The Fair Work Commission (FWC) was asked to assess whether the agreement met the requirements of the Fair Work Act 2009 (FW Act). The application involved a dispute regarding the terms and conditions of employment for the employees covered by the agreement. The FWC was required to consider whether the agreement was a protected action bargaining agreement and whether it met the criteria for approval under the FW Act.

The primary legal issue was whether the agreement complied with the FW Act. This included determining whether the agreement was a protected action bargaining agreement and whether it contained all the mandatory terms and conditions required by the Act. The court also needed to assess whether the agreement provided for fair and reasonable terms and conditions of employment. Additionally, the court had to consider whether the agreement was consistent with the FW Act and the Fair Work Regulations 2009.

In its decision, the FWC found that the Unilever North Rocks Enterprise Agreement 2021 met the requirements of the FW Act. The court concluded that the agreement was a protected action bargaining agreement and contained all the mandatory terms and conditions. The FWC determined that the agreement provided for fair and reasonable terms and conditions of employment and was consistent with the FW Act and the Fair Work Regulations 2009. The FWC approved the agreement, allowing it to come into effect from the specified date. The court's reasoning was based on a detailed analysis of the agreement's contents and the relevant legislative framework.

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