DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Unilever Australia Trading Ltd T/A Unilever North Rocks
(AG2016/5968)

UNILEVER NORTH ROCKS ENTERPRISE AGREEMENT 2016

Manufacturing and associated industries
COMMISSIONER LEE	MELBOURNE, 28 NOVEMBER 2016

Application for approval of the Unilever North Rocks Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Unilever North Rocks Enterprise Agreement 2016 (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 T/A Unilever North Rocks. The Agreement is a single enterprise agreement.

[2] The Applicant 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] 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] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

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

[7] The Agreement was approved on 28 November 2016 and, in accordance with s.54, will operate from 5 December 2016. The nominal expiry date of the Agreement is 16 June 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Unilever Australia Trading Limited, trading as Unilever North Rocks, applied for approval of the Unilever North Rocks Enterprise Agreement 2016. The applicant sought to have the agreement approved by the Fair Work Commission to ensure compliance with the Fair Work Act 2009. The dispute arose due to disagreements over the terms and conditions of employment for workers in the applicant’s business.

The legal issues before the Commission were whether the agreement met the criteria for approval under the Fair Work Act, specifically whether it provided for fair and reasonable terms and conditions of employment, and whether it had been fairly negotiated. The Commission had to consider the nature of the bargaining process, the fairness of the terms and conditions, and the absence of any unfair provisions that would not be in the best interest of the employees.

After examining the evidence and submissions, the Fair Work Commission found that the agreement was fairly negotiated and provided for fair and reasonable terms and conditions of employment. The Commission took into account the process of negotiation, the nature of the agreement, and the rights and interests of the employees. The Commission was satisfied that the agreement met the statutory requirements and did not contain any unfair provisions.

The Fair Work Commission approved the Unilever North Rocks Enterprise Agreement 2016, determining that it should be registered and enforceable under the Fair Work Act. The decision ensures that the agreement will govern the employment terms and conditions for the workers in the applicant’s business, providing certainty and stability in the workplace.

Unilever Australia Trading Ltd T/A Unilever North Rocks

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established