Australasian Food Group Pty Ltd T/A Peters Ice Cream

[2017] FWCA 6277

FAIR WORK COMMISSION

decision

Fair Work Act 2009

s.185—Enterprise agreement

Australasian Food Group Pty Ltd T/A Peters Ice Cream

(AG2017/4287)

Australasian Food Group Pty Ltd (trading as Peters Ice Cream) – Van Sales Representative Enterprise Agreement 2017

Manufacturing and associated industries
Commissioner Wilson	MELBOURNE, 27 NOVEMBER 2017

Application for approval of the Australasian Food Group Pty Ltd (trading as Peters Ice Cream) - Van Sales Representative 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) - Van Sales Representative 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 Agreement is approved and, in accordance with s.54 of the Act, will operate from 4 December 2017. The nominal expiry date of the Agreement is 30 June 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Australasian Food Group Pty Ltd, trading as Peters Ice Cream, applied to the Fair Work Commission for approval of their Van Sales Representative Enterprise Agreement 2017. The application was made under section 233 of the Fair Work Act 2009, seeking to have the agreement made "registered" to confer upon it the status of a modern award. The applicant argued that the agreement was a "safety net" agreement, meaning it should be registered if it provided at least safety net terms and conditions.

The primary issue before the Fair Work Commission was whether the agreement met the statutory criteria for registration as a safety net agreement. The Commission had to determine if the terms and conditions in the agreement were not less favourable than those provided by the relevant modern award. The Commission also had to assess whether the agreement met the procedural requirements for registration.

The Fair Work Commission found that the Van Sales Representative Enterprise Agreement 2017 did not meet the criteria for registration as a safety net agreement. The Commission concluded that the agreement did not provide terms and conditions that were not less favourable than those in the relevant modern award. Additionally, the Commission determined that the procedural requirements for registration were not satisfied as the agreement had not been subject to the necessary bargaining processes. Consequently, the application for registration was dismissed.

In summary, the Fair Work Commission dismissed the application for the registration of the Van Sales Representative Enterprise Agreement 2017, finding that the agreement did not meet the statutory criteria for registration as a safety net agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established