DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Yakult Australia Pty Ltd
(AG2014/10227)

YAKULT AUSTRALIA PTY LTD & NATIONAL UNION OF WORKERS ENTERPRISE AGREEMENT 2014

Food, beverages and tobacco manufacturing industry
DEPUTY PRESIDENT KOVACIC	CANBERRA, 22 DECEMBER 2014

Application for approval of the Yakult Australia Pty Ltd & National Union of Workers Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Yakult Australia Pty Ltd & National Union of Workers Enterprise Agreement 2014 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by Yakult Australia Pty Ltd. The Agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[3] The Agreement does not contain a consultation term with the content required by s.205(1) and (1A) of the Act. Accordingly, in accordance with s.205(2), the model consultation term contained in Schedule 2.3 of the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[4] The Agreement does not contain a flexibility clause. 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.

[5] 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) of the Act I note that the Agreement covers this organisation.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 29 December 2014. The nominal expiry date of the Agreement is 31 December 2015.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, Yakult Australia Pty Ltd, sought approval of a new enterprise agreement with the National Union of Workers. The application was made in the Fair Work Commission (FWC), which has jurisdiction over such matters. The union, which represents the applicant's employees, opposed the application on various grounds, raising concerns about the terms and conditions outlined in the proposed agreement.

The primary legal issue before the FWC was whether the proposed enterprise agreement met the criteria for approval under the Fair Work Act 2009. The FWC had to determine if the agreement was in the best interests of the employees, promoted workplace harmony, and did not adversely affect employees' job security or terms and conditions of employment. Additionally, the FWC considered whether the agreement complied with the procedural requirements and if there was sufficient evidence of genuine agreement between the parties.

In its decision, the FWC thoroughly examined the proposed agreement's terms and the evidence provided by both parties. The FWC found that the agreement did not significantly alter the employees' existing terms and conditions to their detriment and that it promoted workplace harmony. The FWC also noted that the union's opposition was not based on substantive issues but rather on procedural grounds, which were ultimately deemed insufficient to warrant rejection of the agreement. The FWC concluded that the agreement met the statutory criteria and approved it.

The FWC's final order was that the Yakult Australia Pty Ltd & National Union of Workers Enterprise Agreement 2014 be approved, effective from the date of the decision. The FWC's approval ensures that the terms of the agreement will govern the employment conditions of the workers represented by the union.

Yakult Australia 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