DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Australasian Food Group Pty Ltd
(AG2021/4423)

AUSTRALASIAN FOOD GROUP (TRADING AS PETERS ICE CREAM) & UNITED WORKERS UNION ENTERPRISE AGREEMENT 2020

Food, beverages and tobacco manufacturing industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 7 APRIL 2021

Application for approval of the Australasian Food Group (trading as Peters Ice Cream) & United Workers Union Enterprise Agreement 2020.

[1] Australasian Food Group Pty Ltd has made an application for approval of an enterprise agreement known as the Australasian Food Group (trading as Peters Ice Cream) & United Workers Union Enterprise Agreement 2020 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The agreement is a single enterprise agreement.

[2] On the basis of the material contained in the application and accompanying declaration, I am satisfied that each of the requirements of ss 186, 187 and 188 as are relevant to this application for approval has been met.

[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) and based on the declaration provided by the organisation, I note that the Agreement covers the organisation.

[4] The Agreement was approved on 7 April 2021 and, in accordance with s 54, will operate from 14 April 2021. The nominal expiry date of the Agreement is 31 March 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Australasian Food Group Pty Ltd, trading as Peters Ice Cream, and the United Workers Union applied to the Fair Work Commission for approval of their 2020 enterprise agreement. The agreement had been negotiated between the employer and the union, representing the employees. The application was made under the Fair Work Act 2009, which mandates that certain agreements be approved by the Fair Work Commission to ensure they meet the requirements of the Act.

The legal issues before the Commission included whether the agreement met the requirements for approval, particularly in terms of ensuring it did not adversely affect employees' wages, conditions, terms of employment or entitlements. The Commission also had to consider whether the agreement facilitated the improvement of workplace relations, as required by the Act. The employer argued that the agreement contained appropriate protections and benefits for employees, while the union supported its provisions, emphasising its role in maintaining fair workplace practices.

The Commission reviewed the agreement clause by clause, assessing its compliance with the statutory requirements and its overall impact on the workforce. It concluded that the agreement did not unfavourably affect the employees' wages, conditions, terms of employment or entitlements and facilitated improved workplace relations. The Commission took into account the context of the agreement, the bargaining process, and the interests of both parties. It was satisfied that the agreement met the necessary standards for approval and would contribute positively to the workplace.

The Fair Work Commission approved the Australasian Food Group and United Workers Union Enterprise Agreement 2020. The decision was made based on the agreement's compliance with the Fair Work Act 2009 and its potential to enhance workplace relations. The approval ensures that the agreement can now be implemented, providing a framework for the terms and conditions of employment for the relevant employees.

Australasian Food Group 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