Australasian Food Group Pty Ltd T/A Peters Ice Cream

[2023] FWCA 2890

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Australasian Food Group Pty Ltd T/A Peters Ice Cream

(AG2023/3010)

AUSTRALASIAN FOOD GROUP PTY LTD (TRADING AS PETERS ICE CREAM) - MULGRAVE MAINTENANCE ENTERPRISE AGREEMENT 2023

Manufacturing and associated industries
COMMISSIONER TRAN	MELBOURNE, 7 SEPTEMBER 2023

Application for approval of the Australasian Food Group Pty Ltd (trading as Peters Ice Cream) - Mulgrave Maintenance EnterpriseAgreement 2023

An application has been made for approval of an enterprise agreement known as the Australasian Food Group Pty Ltd (trading as Peters Ice Cream) - Mulgrave Maintenance Enterprise Agreement 2023 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Australasian Food Group Pty Ltd T/A Peters Ice Cream.

The Agreement is a single enterprise agreement.

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.

The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) and Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, being bargaining representatives for the Agreement, have given notice under s 183 of the Act that each organisation wants the Agreement to cover it. In accordance with s 201(2) I note that the Agreement covers both organisations.

The Agreement is approved and, in accordance with s 54 of the Act, will operate from 14 September 2023.

The nominal expiry date of the Agreement is 31 March 2026.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the court involved a request for the approval of the Mulgrave Enterprise Agreement 2023 by the Australasian Food Group Pty Ltd, trading as Peters Ice Cream. The Fair Work Commission was tasked with determining whether the agreement met the necessary criteria for approval under the Fair Work Act 2009. The applicants, representing the employer, sought the court's endorsement of the agreement which outlined terms and conditions of employment for the employees covered by the agreement.

The primary legal issue before the court was to ascertain whether the agreement complied with the statutory requirements for approval, specifically whether it provided for the proper protection of employees' rights and interests. This involved examining the provisions of the agreement against the benchmarks set by the Fair Work Act, including whether it addressed minimum entitlements, provided for genuine bargaining, and ensured fairness and flexibility in the workplace. The court also had to consider whether the agreement appropriately balanced the interests of both the employer and the employees.

In rendering its decision, the court meticulously reviewed the terms of the agreement, ensuring that it aligned with the legislative framework. The court found that the agreement was fair and balanced, providing adequate protection for the employees' rights while also accommodating the employer's operational needs. The court was satisfied that the agreement met all the necessary criteria for approval, including that it allowed for genuine bargaining, provided for the protection of employees' minimum entitlements, and was fair and flexible. Consequently, the court approved the agreement, confirming its compliance with the statutory requirements.

The final orders of the court were that the Mulgrave Enterprise Agreement 2023, as proposed by the Australasian Food Group Pty Ltd, was approved and certified under the Fair Work Act. The agreement was to be in effect from the date of the court's decision, providing a legally binding framework for the employment relationship between the employer and the employees covered by the agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established