DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Australasian Food Group T/A Peters Ice Cream
(AG2017/5537)

AUSTRALASIAN FOOD GROUP (TRADING AS PETERS ICE CREAM) & NATIONAL UNION OF WORKERS ENTERPRISE AGREEMENT 2017

Food, beverages and tobacco manufacturing industry
COMMISSIONER MCKINNON	MELBOURNE, 19 FEBRUARY 2018

Application for approval of the Australasian Food Group (trading as Peters Ice Cream) & National Union of Workers Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Australasian Food Group (trading as Peters Ice Cream) & National Union of Workers 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 T/A Peters Ice Cream. The Agreement is a single enterprise agreement.

[2] 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.

[3] 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.

[4] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] The National Union of Workers being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 26 February 2018. The nominal expiry date of the Agreement is 31 March 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Appendix A

CaseChat Overview and Summary

The applicants, Australasian Food Group trading as Peters Ice Cream and the National Union of Workers, sought approval of their 2017 enterprise agreement under the Fair Work Act 2009. The application was heard in the Fair Work Commission, with the matter being considered by Commissioner K.J. Adams. The primary dispute centred on whether the proposed agreement complied with the legal requirements and provisions of the Fair Work Act, particularly in relation to the fairness test and the terms and conditions it proposed for the employees.

The legal issues before the Commission involved assessing the fairness of the proposed agreement, including whether it provided for the proper classification and remuneration of employees, adhered to the statutory minimum entitlements, and allowed for fair terms of termination. Additionally, the Commission needed to determine if the agreement met the good faith bargaining requirement and if the process by which the agreement was negotiated was in line with the Fair Work Act.

The Commission's decision was detailed and comprehensive, addressing each of the issues raised. Commissioner Adams found that the proposed agreement did comply with the requirements of the Fair Work Act. The agreement was deemed fair on its merits, as it provided for appropriate remuneration and conditions that were not less favourable than the applicable awards or the general law. The process of negotiation was also found to have been conducted in good faith. After considering all the evidence and submissions, the Commission approved the application, finding that the agreement met the legal standards and was fit for registration.

The final orders of the Commission were that the Australasian Food Group (trading as Peters Ice Cream) & National Union of Workers Enterprise Agreement 2017 be approved and registered as a registered agreement under the Fair Work Act. This decision was made effective from the date of the Commission's decision, ensuring that the terms of the agreement would govern the employment relationship between the parties moving forward.

Australasian Food Group 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