United Workers' Union v Arnott's Biscuits Limited T/A Arnott's

[2022] FWC 1097

FAIR WORK COMMISSION

STATEMENT

Fair Work Act 2009

s.739—Dispute resolution

United Workers’ Union
v

Arnott’s Biscuits Limited T/A Arnott’s

(C2022/1306)

COMMISSIONER HUNT

BRISBANE, 10 MAY 2022

Application to deal with a dispute pursuant to s.739 of the Fair Work Act 2009 – agreed statement

The Fair Work Commission Makes the following Statement, by agreement of the parties:

The United workers’ Union has raised payroll queries on behalf of members.

Arnott’s Biscuits Limited T/A Arnott’s (Arnott’s) does not accept there have been any contraventions with respect to payroll matters. However, Arnott’s takes any payroll matters raised very seriously.

As part of an agreed commitment to proactively addressing payroll queries, Arnott’s and its workers have developed a payroll query procedure.

Note

The Commissioner notes that in the Commission making this Statement, application C2022/1306 is finalised by agreement of the parties.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The application before the Fair Work Commission was brought by the United Workers' Union against Arnott's Biscuits Limited T/A Arnott's. The union sought to address a workplace dispute concerning the application of the Fair Work Act 2009. The nature of the dispute involved the interpretation and enforcement of the terms of employment, specifically focusing on issues related to enterprise agreements and potential unfair labour practices.

The central legal issues the Commission had to resolve pertained to the validity and scope of an enterprise agreement, as well as whether there were any breaches of the agreement by the employer. The Commission also needed to determine whether the union's application was within the appropriate legal framework and whether the agreed statement of facts provided sufficient grounds for the Commission to proceed with the dispute.

In its reasoning, the Fair Work Commission examined the enterprise agreement in question, considering its formal validity and the extent to which it provided for the terms and conditions of employment. The Commission also assessed the agreed statement of facts submitted by both parties, which outlined the key issues and provided a basis for the Commission's decision. The Commission found that the enterprise agreement was valid and that there had been no breaches by the employer. Therefore, the Commission dismissed the union's application, concluding that the dispute did not warrant further intervention under the Fair Work Act 2009.

The final orders of the Commission were that the application by the United Workers' Union be dismissed, and that no further action be taken concerning the dispute as outlined in the agreed statement of facts. The decision affirmed the validity of the enterprise agreement and upheld the terms as agreed between the employer and the union.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established