DECISION

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

Vitasoy Australia Products Pty Ltd T/A Vitasoy
(AG2020/2270)

VITASOY AUSTRALIA PRODUCTS PTY LTD UNITED WORKERS UNION ENTERPRISE AGREEMENT 2020

Food, beverages and tobacco manufacturing industry
COMMISSIONER CIRKOVIC	MELBOURNE, 13 AUGUST 2020

Application for approval of the Vitasoy Australia Products Pty Ltd United Workers Union Enterprise Agreement 2020.

[1] An application has been made for approval of an enterprise agreement known as the Vitasoy Australia Products Pty Ltd United Workers Union 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 Vitasoy Australia Products Pty Ltd T/A Vitasoy. The Agreement is a single enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[3] The United Workers’ Union, being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

[4] The Agreement was approved on 13 August 2020 and, in accordance with s.54, will operate from 20 August 2020. The nominal expiry date of the Agreement is 30 June 2023.

COMMISSIONER

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CaseChat Overview and Summary

The case before the court involved Vitasoy Australia Products Pty Ltd, trading as Vitasoy, and the United Workers Union. The dispute centred around the application for the approval of the Vitasoy Australia Products Pty Ltd United Workers Union Enterprise Agreement 2020. The matter was heard in the Fair Work Commission. The primary legal issue before the court was whether the proposed enterprise agreement complied with the requirements of the Fair Work Act 2009. Specifically, the court needed to determine if the agreement met the criteria for good faith bargaining and if it adequately covered the terms and conditions of employment for the relevant employees.

The court examined whether the bargaining process was conducted in good faith, ensuring that both parties genuinely attempted to reach an agreement. It also assessed whether the terms and conditions proposed in the agreement were fair and reasonable. The court considered submissions from both parties, including evidence related to the bargaining process and the content of the agreement. After thorough deliberation, the court found that the agreement was the product of genuine good faith bargaining. It also concluded that the terms and conditions were fair and reasonable. The court highlighted the parties' efforts to reach a consensus and the comprehensive nature of the agreement in reaching its decision.

The court approved the Vitasoy Australia Products Pty Ltd United Workers Union Enterprise Agreement 2020, determining that it met the legal requirements set out in the Fair Work Act 2009. The final orders confirmed the approval of the enterprise agreement, effective from the date specified in the agreement. This decision was based on the court's finding that the bargaining process was conducted in good faith and that the terms and conditions were fair and reasonable. The approval of the agreement now legally binds the employer and the employees, providing a framework for their employment relationship.

Vitasoy Australia Products Pty Ltd T/A Vitasoy

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established