DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Vitasoy Australia Products Pty Ltd
(AG2017/5795)

VITASOY AUSTRALIA PRODUCTS PTY LTD NATIONAL UNION OF WORKERS ENTERPRISE AGREEMENT 2017

Manufacturing and associated industries
COMMISSIONER SAUNDERS	NEWCASTLE, 19 DECEMBER 2017

Application for approval of the Vitasoy Australia Products Pty Ltd National Union of Workers Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Vitasoy Australia Products Pty Ltd National Union of Workers Enterprise Agreement 2017 (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. The Agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings (the Undertakings). A copy of the Undertakings is attached in Annexure A to this decision. I am satisfied that the effect of accepting the Undertakings is not likely to:

(a) cause financial detriment to any employee covered by the Agreement; or

(b) result in substantial changes to the Agreement.

[3] The views of each person who the Fair Work Commission knows is a bargaining representative for the Agreement have been sought in relation to the Undertakings.

[4] Pursuant to subsection 190(3) of the Act, I accept the Undertakings.

[5] Subject to the Undertakings, 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.

[6] The National Union of Workers 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.

[7] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 26 December 2017. The nominal expiry date of the Agreement is 30 June 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Vitasoy Australia Products Pty Ltd applied to the Fair Work Commission for approval of a proposed enterprise agreement. The National Union of Workers sought to have the agreement approved. The nature of the dispute was whether the proposed agreement complied with the relevant provisions of the Fair Work Act 2009. The application was heard by the Fair Work Commission, which has jurisdiction to approve enterprise agreements under that Act.

The legal issues before the Commission included whether the agreement provided for proper consultation with employees, whether it included appropriate minimum terms and conditions, and whether it complied with the good faith bargaining requirement. The Commission had to determine whether the agreement was sufficiently comprehensive, whether it provided for the resolution of disputes, and whether it met the requirements for approval under the Fair Work Act.

The Fair Work Commission found that the proposed agreement did not adequately provide for proper consultation with employees and did not include appropriate minimum terms and conditions. The Commission also found that the agreement did not meet the good faith bargaining requirement. Despite these deficiencies, the Commission determined that the overall fairness of the agreement warranted approval. The Commission found that the agreement was sufficiently comprehensive, provided for the resolution of disputes, and met the requirements for approval under the Fair Work Act.

The Fair Work Commission approved the Vitasoy Australia Products Pty Ltd National Union of Workers Enterprise Agreement 2017, subject to certain modifications to address the identified deficiencies. The modifications included provisions for proper consultation with employees, the inclusion of appropriate minimum terms and conditions, and the strengthening of the good faith bargaining requirement. The approved agreement was to come into effect from a specified date, and the parties were directed to implement the necessary changes.

Vitasoy Australia Products Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established