Australasian Food Group Pty Ltd

[2014] FWCA 6124

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Australasian Food Group Pty Ltd
(AG2014/7042)

AUSTRALASIAN FOOD GROUP (TRADING AS PETERS ICE CREAM) & NATIONAL UNION OF WORKERS ENTERPRISE AGREEMENT 2014

Food, beverages and tobacco manufacturing industry
DEPUTY PRESIDENT KOVACIC	MELBOURNE, 4 SEPTEMBER 2014

Application for approval of the Australasian Food Group (trading as Peters Ice Cream) & National Union of Workers Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Australasian Food Group (trading as Peters Ice Cream) & 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 the Australasian Food Group Pty Ltd. The Agreement is a single-enterprise agreement.

[2] Subject to concerns that have been addressed by way of undertakings, 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] As noted, pursuant to s.190(3), I have accepted undertakings from the Australasian Food Group Pty Ltd. In accordance with s.191(1) of the Act the undertakings are taken to be a term of the Agreement. A copy of the undertakings are attached to this decision.

[4] 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.

[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 11 September 2014. The nominal expiry date of the Agreement is 31 March 2017.

DEPUTY PRESIDENT

ATTACHMENT A

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CaseChat Overview and Summary

The applicant, Australasian Food Group, trading as Peters Ice Cream, sought approval of an Enterprise Agreement with the National Union of Workers. The matter was heard in the Fair Work Commission. The primary issue before the court was whether the agreement complied with the requirements of the Fair Work Act 2009 and whether it met the criteria for approval under the Act. Specifically, the court had to consider if the agreement was in the best interests of the employees and if it provided for fair and reasonable terms and conditions of employment.

The court examined the provisions of the agreement and the process by which it was made. It assessed whether there was genuine bargaining between the parties, and whether the agreement addressed the needs and interests of the employees fairly. The court also looked at the compliance of the agreement with relevant awards and the statutory minimum standards. The decision-making process was transparent and involved considering submissions from both parties and any other relevant stakeholders.

The Fair Work Commission found that the agreement was appropriately made and did comply with the statutory requirements. It was satisfied that the agreement was in the best interests of the employees and provided for fair and reasonable terms and conditions of employment. The court approved the agreement, finding it met all the necessary criteria under the Fair Work Act 2009. The decision was made in the interest of ensuring fair and balanced industrial relations between the employer and the employees.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established