DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Yakult Australia Pty Ltd T/A Yakult Australia Pty Ltd
(AG2018/5125)

THE YAKULT AUSTRALIA ENTERPRISE AGREEMENT 2018

Food, beverages and tobacco manufacturing industry
DEPUTY PRESIDENT MASSON	MELBOURNE, 16 JANUARY 2019

Application for approval of The Yakult Australia Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as The Yakult Australia Enterprise Agreement 2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the 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 as are relevant to this application for approval have been met.

[3] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[4] 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) I note that the Agreement covers the organisation.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 23 January 2019. The nominal expiry date of the Agreement is 31 December 2021.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter involved Yakult Australia Pty Ltd and a group of their employees represented by the Transport Workers Union of Australia. The dispute was regarding the application for the approval of the Yakult Australia Enterprise Agreement 2018. The application was heard by the Fair Work Commission. The central legal issues before the Commission were whether the agreement provided for the employees' minimum entitlements as stipulated by the Fair Work Act 2009, and whether it was made in accordance with the procedural requirements of the Act.

The Commission examined the provisions of the proposed agreement to ensure that it did not disadvantage the employees in terms of their wages, leave entitlements, and other conditions of employment. It also assessed whether the agreement was made following a genuine bargaining process and whether it was certified as a genuine agreement by an independent certifier. After reviewing the evidence and submissions from both parties, the Commission found that the agreement met the statutory requirements. It was determined that the agreement provided for the employees' minimum entitlements and was made in compliance with the procedural requirements of the Act.

Consequently, the Commission approved the Yakult Australia Enterprise Agreement 2018. This decision was made on the basis that the agreement was fair and reasonable, and that it had been made in good faith and through genuine bargaining. The approval of the agreement means that it will now be binding on the parties and will regulate the employment conditions of the employees covered by the agreement.

Yakult Australia Pty Ltd T/A 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