Australasian Food Group Pty Ltd T/A Peters Ice Cream

[2018] FWCA 2738

FAIR WORK COMMISSION

decision

Fair Work Act 2009

s.185—Enterprise agreement

Australasian Food Group Pty Ltd T/A Peters Ice Cream

(AG2017/6741)

Australasian Food Group Pty Ltd (trading as Peters Ice Cream) - Mulgrave Maintenance Enterprise Agreement 2017

Manufacturing and associated industries
Deputy President Masson	MELBOURNE, 15 MAY 2018

Application for approval of the Australasian Food Group Pty Ltd (trading as Peters Ice Cream) - Mulgrave Maintenance Enterprise Agreement 2017.

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 2017 (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.

The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 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 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 want the Agreement to cover them. In accordance with s.201(2) I note that the Agreement covers the organisations.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 22 May 2018. The nominal expiry date of the Agreement is 31 March 2020.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the Fair Work Commission, Australasian Food Group Pty Ltd, trading as Peters Ice Cream, applied for the approval of the Mulgrave Maintenance Enterprise Agreement 2017. The dispute involved the terms and conditions of employment for maintenance workers at Peters Ice Cream's Mulgrave site. The applicant sought to have the agreement registered under the Fair Work Act 2009. The Fair Work Commission was tasked with determining whether the agreement met the criteria for registration, including whether it provided for a fair and efficient workplace and whether it was made in good faith.

The primary legal issues revolved around whether the agreement contained all the mandated terms and conditions as required by the Fair Work Act 2009. This included scrutinising the provisions regarding wages, hours of work, leave entitlements, and other employment conditions. Additionally, the Commission had to assess whether the agreement was made in good faith, free from any coercive or unfair practices. The Commission also needed to ensure that the agreement did not undermine the fundamental rights of employees or the broader protections provided by the Act.

The Commission found that the Mulgrave Maintenance Enterprise Agreement 2017 satisfied the requirements for registration. It contained all the mandated terms and conditions, and there was no evidence of unfair or coercive practices in its creation. The agreement provided for fair and efficient workplace arrangements and met the good faith requirement. Consequently, the Commission approved the agreement and ordered its registration under the Fair Work Act 2009. The registration took effect from the date of the decision, ensuring that the agreement governed the employment conditions of the maintenance workers at the Mulgrave site.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established