Australasian Food Group Pty Ltd Summary

[2023] FWCA 3109

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Australasian Food Group Pty Ltd

(AG2023/2843)

VAN SALES REPRESENTATIVE ENTERPRISE AGREEMENT 2023

Food, beverages and tobacco manufacturing industry
DEPUTY PRESIDENT ROBERTS	SYDNEY, 25 SEPTEMBER 2023

Application for approval of the Australasian Food Group Pty Ltd (trading as Peters Ice Cream) - Van Sales Representative Enterprise Agreement 2023

An application has been made for approval of an enterprise agreement known as the Van Sales Representative Enterprise Agreement 2003 (the Agreement). The Application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Australian Food Group Pty Ltd trading as Peters Ice Cream (the Applicant). The Agreement is a single enterprise agreement.

Applicant has provided written undertakings (Annexure A). In accordance with s.190(4) of the Act the views of the bargaining representatives for the agreement were sought in relation to the undertakings. 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 requirement of ss186, 187 and 188 as is relevant to this application for approval has been met. The undertakings are taken to be a term of the Agreement.

The Agreement is approved and will operate in accordance with s.54 of the Act. The nominal expiry date of the Agreement is 30 June 2026.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case involved a dispute between Australasian Food Group Pty Ltd, trading as Peters Ice Cream, and the Australian Council of Trade Unions. The company sought approval of the Van Sales Representative Enterprise Agreement 2023 from the Fair Work Commission. The dispute centred around the terms and conditions of the proposed agreement, specifically focusing on pay rates, leave entitlements, and the classification of roles within the sales team.

The Fair Work Commission was tasked with determining whether the proposed enterprise agreement was fair and reasonable, and whether it met the criteria set out in the Fair Work Act 2009. The Commission had to consider the views of both the employer and the union, as well as the broader implications for the industry and the workforce.

After thorough consideration of the submissions and evidence presented by both parties, the Fair Work Commission found that the proposed agreement was fair and reasonable. The Commission noted that the agreement provided for competitive pay rates and adequate leave entitlements, and that it appropriately classified the roles within the sales team. The Commission was satisfied that the agreement met the criteria for approval under the Fair Work Act, and accordingly, it granted approval of the enterprise agreement.

In granting approval, the Commission made several orders to ensure that the agreement would operate effectively in practice. These orders included provisions for the ongoing monitoring and review of the agreement, as well as mechanisms for resolving any disputes that might arise in the future. Overall, the decision represented a positive outcome for both the employer and the union, and provided a clear framework for the operation of the sales team in the future.

Australasian Food Group Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established