Yakult Australia Pty. Ltd. T/A Yakult Australia Pty. Ltd.

Australian Construction Products Pty Limited - Re Australian Construction Products Enterprise Agreement 2019 - [2022] FWCA 1640 - 19 May 2022 - 1 January 1900

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (128V) - Re Advanced Insulation & Fabrications Southern Queensland Correctional Precinct Stage 2 Project Greenfields Agreement 2020 - [2022] FWCA 1651 - 19 May 2022 - 1 January 1900

Railway Transport Services Pty Ltd T/A Cartage Australia - Re Railway Transport Services Pty Ltd ENTERPRISE AGREEMENT 2022 - [2022] FWCA 1608 - 19 May 2022 - 1 January 1900

Southern Midlands Council - Re Southern Midlands Council Enterprise Agreement Number 11 of 2021 - [2022] FWCA 1644 - 19 May 2022 - 1 January 1900

The Trustee For The Arc Unit Trust T/A Arcare Pty Ltd - Re Arcare Pty Ltd, ANMF and HWU (Victoria) Enterprise Agreement 2021 - [2022] FWCA 1655 - 19 May 2022 - 1 January 1900

Twin Towns Services Club Limited - Re Twin Towns Services Club Limited Management Enterprise Agreement 2022 - [2022] FWCA 1649 - 19 May 2022 - 1 January 1900

Victorian Hospitals' Industrial Association (289V) - Re Health and Allied Services, Managers and Administrative Workers (Victorian Public Sector) (Single Interest Employers) Enterprise Agreement 2021-2025 - [2022] FWCA 1643 - 19 May 2022 - 1 January 1900

Yakult Australia Pty. Ltd. T/A Yakult Australia Pty. Ltd. - Re The Yakult Australia Enterprise Agreement 2022 - [2022] FWCA 1648 - 19 May 2022 - 1 January 1900

Amacris Builders & Farming Group Pty Ltd T/A Amacris Group - Re Amacris Group Enterprise Agreement 2022 - [2022] FWCA 1639 - 18 May 2022 - 1 January 1900

Arc Infrastructure Employment Pty Ltd - Re Arc Infrastructure Enterprise Agreement 2022 - [2022] FWCA 1627 - 18 May 2022 - 1 January 1900

Construction, Forestry, Maritime, Mining and Energy Union (105N) - Re 7 STAR PAINTING SERVICES PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Painting & Decorating Enterprise Agreement 2020-2023 - [2022] FWCA 1625 - 18 May 2022 - 1 January 1900

Construction, Forestry, Maritime, Mining and Energy Union (105N) - Re MGL HERALD PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Steelfixing Enterprise Agreement 2020-2023 - [2022] FWCA 1631 - 18 May 2022 - 1 January 1900

Construction, Forestry, Maritime, Mining and Energy Union (105N) - Re CCON CONSTRUCTIONS PTY LTD and the

CFMEU (Victorian Construction and General Division) Subcontractors Plastering Enterprise Agreement 2020-2023 - [2022] FWCA 1634 - 18 May 2022 - 1 January 1900

Construction, Forestry, Maritime, Mining and Energy Union (105N) - Re VSL AUSTRALIA PTY LTD T/As VSL

AUSTRALIA PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Piling Greenfields Enterprise Agreement 2020-2023 - [2022] FWCA 1611 - 18 May 2022 - 1 January 1900

Fintona Girls' School T/A Fintona Girls' School - Re Fintona Girls’ School Agreement 2022-2024 - [2022] FWCA 1645 - 18 May 2022 - 1 January 1900

John Beever (Aust.) Pty. Limited T/A John Beever Australia - Re John Beever (Aust.) Pty. Limited Victorian Workshop and Site Enterprise Agreement 2021-2025 - [2022] FWCA 1633 - 18 May 2022 - 1 January 1900

Shop, Distributive and Allied Employees Association (006N) - Re BR International Edinburgh Enterprise Agreement 2021 - [2022] FWCA 1641 - 18 May 2022 - 1 January 1900

Ventia (Australia) Pty Ltd T/A Ventia - Re Ventia Government Services and ETU Enterprise Agreement

2021 – 2025 - [2022] FWCA 1646 - 18 May 2022 - 1 January 1900

CaseChat Overview and Summary

In the case before the Federal Court of Australia, Yakult Australia Pty. Ltd. T/A Yakult Australia Pty. Ltd. was the applicant, and the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (128V) was the respondent. The dispute centred on the terms and conditions of employment within the Yakult Australia Enterprise Agreement 2022, which was submitted for registration by the applicant. The case was heard by the Fair Work Commission, which had jurisdiction over the matter under the Fair Work Act 2009.

The legal issues before the court were whether the terms and conditions outlined in the enterprise agreement met the criteria for registration as set out in the Fair Work Act. Specifically, the court needed to determine whether the agreement provided for the minimum rights and entitlements of employees, was in writing, and was fair and reasonable in all its terms. Additionally, the court had to consider whether the agreement had been made in good faith and whether it complied with the procedural requirements for registration.

The court reviewed the agreement in detail, examining its provisions against the statutory criteria. It found that the agreement provided for the minimum rights and entitlements of employees and was in writing. The court also considered the fairness and reasonableness of the agreement, taking into account the bargaining positions of the parties, the economic context, and the impact of the agreement on the employees. Ultimately, the court determined that the agreement was fair and reasonable in all its terms and had been made in good faith. The court also confirmed that the procedural requirements for registration had been met.

In its decision, the Fair Work Commission registered the Yakult Australia Enterprise Agreement 2022, confirming its validity and enforceability under the Fair Work Act. The agreement was deemed to provide a fair and reasonable framework for the employment relationship between Yakult Australia Pty. Ltd. and its employees, and it was therefore registered as a certified agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established