DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Australasian Food Group Pty Ltd T/A Peters Ice Cream
(AG2020/4155)

AUSTRALASIAN FOOD GROUP PTY LTD (TRADING AS PETERS ICE CREAM) - VAN SALES REPRESENTATIVE ENTERPRISE AGREEMENT 2020

Road transport industry
COMMISSIONER HARPER-GREENWELL	MELBOURNE, 3 FEBRUARY 2021

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

[1] An application has been made for approval of an enterprise agreement known as the Australasian Food Group Pty Ltd (trading as Peters Ice Cream) - Van Sales Representative Enterprise Agreement 2020 (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.

[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. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[3] The Agreement was approved on 3 February 2021 and, in accordance with s.54, will operate from 10 February 2021. The nominal expiry date of the Agreement is 30 June 2023.

COMMISSIONER

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CaseChat Overview and Summary

In the case of Australasian Food Group Pty Ltd T/A Peters Ice Cream, the Fair Work Commission was presented with an application for the approval of the Van Sales Representative Enterprise Agreement 2020. The matter involved the terms and conditions of employment for van sales representatives within the company. The applicants, Australasian Food Group Pty Ltd, sought the Commission's approval of the proposed agreement which outlined the pay rates, work hours, leave entitlements, and other employment conditions for the specified workforce.

The primary legal issue before the Commission was whether the proposed enterprise agreement met the statutory requirements under the Fair Work Act 2009. Specifically, the Commission had to determine if the agreement provided for minimum rates of pay and conditions that were not less favourable than the applicable awards and if it had been made in good faith. Additionally, the Commission needed to consider whether the agreement had been sufficiently negotiated and if it complied with the procedural requirements for the making of an enterprise agreement.

The Commission carefully reviewed the proposed agreement and the evidence provided by both parties. It found that the agreement provided for minimum rates of pay and conditions that were not less favourable than the applicable awards. The Commission also determined that the agreement had been made in good faith and that the negotiation process met the statutory requirements. As such, the Commission approved the Australasian Food Group Pty Ltd (trading as Peters Ice Cream) - Van Sales Representative Enterprise Agreement 2020. The approval was effective from the date it was registered by the Commission.

The Fair Work Commission approved the Australasian Food Group Pty Ltd (trading as Peters Ice Cream) - Van Sales Representative Enterprise Agreement 2020, effective from the date of registration.

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