DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Australasian Food Group Pty Ltd T/A Peters Ice Cream
(AG2021/4609)

MULGRAVE MAINTENANCE ENTERPRISE AGREEMENT 2020

Food, beverages and tobacco manufacturing industry
DEPUTY PRESIDENT YOUNG	MELBOURNE, 28 APRIL 2021

Application for approval of the Australasian Food Group Pty Ltd (trading as Peters Ice Cream) - Mulgrave Maintenance Enterprise Agreement 2020.

[1] Application for approval of the Australasian Food Group Pty Ltd (trading as Peters Ice Cream) (the Employer) has made an application for approval of an enterprise agreement known as the Australasian Food Group Pty Ltd (trading as Peters Ice Cream) - Mulgrave Maintenance 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 the accompanying statutory declaration and the additional information provided by the Employer, 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] The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union" known as the Australian Manufacturing Workers' Union (AMWU) and the 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 they seek to be covered by the Agreement. In accordance with s 201(2) and based on the statutory declaration provided by the organisations, I note that the Agreement covers the organisations.

[4] The Agreement was approved on 28 April 2021 and, in accordance with s 54, will operate from 5 May 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, applied for approval of the Mulgrave Maintenance Enterprise Agreement 2020. The application was made under the Fair Work Act 2009. The Fair Work Commission, in this instance, heard and determined the application. The primary dispute involved the terms and conditions of employment for maintenance employees at Peters Ice Cream's Mulgrave site. The agreement sought to address various aspects of employment, including wages, hours of work, and other conditions.

The legal issues before the Commission included whether the proposed agreement met the requirements of the Fair Work Act, particularly regarding the "better off overall test" and procedural fairness. The Commission had to consider if the agreement provided employees with terms and conditions that were at least as good as those they would have under the applicable award, and if the process leading to the agreement's formation was fair and in accordance with the Act. Additionally, the Commission needed to ensure that the agreement did not contain any terms that were contrary to public policy or that undermined the rights of employees.

The Fair Work Commission found that the agreement did meet the requirements of the Fair Work Act. It was determined that the proposed agreement provided employees with terms and conditions that were at least as good as those they would have under the applicable award. The Commission also found that the process leading to the agreement's formation was fair and in accordance with the Act. The agreement did not contain any terms that were contrary to public policy or that undermined the rights of employees. Consequently, the Commission approved the agreement, confirming it as a registered enterprise agreement under the Fair Work Act.

The final orders of the Fair Work Commission were that the Australasian Food Group Pty Ltd (trading as Peters Ice Cream) - Mulgrave Maintenance Enterprise Agreement 2020 be approved and registered under the Fair Work Act. This decision allowed the agreement to come into effect on the date specified in the agreement. The registration of the agreement meant that it would govern the employment terms and conditions of the employees covered by the agreement for the duration of its currency.

Australasian Food Group Pty Ltd T/A Peters Ice Cream

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established