DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Unilever Australia Trading Ltd
(AG2019/844)

UNILEVER AUSTRALIA TRADING LIMITED - TATURA SITE - ENTERPRISE AGREEMENT 2018

Food, beverages and tobacco manufacturing industry
DEPUTY PRESIDENT MASSON	MELBOURNE, 6 MAY 2019

Application for approval of the Unilever Australia Trading Limited - Tatura Site - Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Unilever Australia Trading Limited - Tatura Site - Enterprise Agreement 2018 (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 Ltd. 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.

[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] 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 the Agreement to cover them. In accordance with s.201(2) I note that the Agreement covers the organisations.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 13 May 2019. The nominal expiry date of the Agreement is 30 June 2021.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Unilever Australia Trading Limited sought approval for an enterprise agreement affecting its employees at the Tatura site. The Fair Work Commission was asked to assess whether the agreement complied with the necessary legal standards. The legal issues centred on whether the agreement appropriately addressed the employees' working conditions, including pay rates, hours of work, leave provisions, and other employment terms. The commission had to ensure that the agreement did not undermine the employees' rights and provided a fair and balanced outcome for both parties.

The commission examined the fairness and compliance of the agreement with the relevant industrial laws. It assessed whether the agreement met the requirement of being a "bargained" agreement, meaning it was negotiated in good faith between the employer and the employees' representatives. The commission also considered whether the agreement contained appropriate dispute resolution mechanisms and whether it provided for a proper process for future negotiations. The commission determined that the agreement was fair and met the necessary legal criteria for approval.

After thorough consideration, the commission found that the agreement was appropriately negotiated and balanced the interests of both the employer and the employees. It confirmed that the agreement was fair and did not undermine the rights of the employees. The commission approved the Unilever Australia Trading Limited - Tatura Site - Enterprise Agreement 2018, allowing it to take effect as intended.

No further orders were made beyond the approval of the enterprise agreement.

Unilever Australia Trading Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established