Australasian Food Group T/A Peters Ice Cream

[2014] FWCA 8425

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Australasian Food Group T/A Peters Ice Cream
(AG2014/9668)

AUSTRALASIAN FOOD GROUP PTY LTD (TRADING AS PETERS ICE CREAM) - VAN SALES REPRESENTATIVE ENTERPRISE AGREEMENT 2014

Food, beverages and tobacco manufacturing industry
DEPUTY PRESIDENT KOVACIC	MELBOURNE, 25 NOVEMBER 2014

Application for approval of the Australasian Food Group Pty Ltd (trading as Peters Ice Cream) - Van Sales Representative Enterprise Agreement 2014.

[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 2014 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by the Australasian Food Group 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 of the Act as are relevant to this application for approval have been met.

[3] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 2 December 2014. The nominal expiry date of the Agreement is 30 June 2017.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, Australasian Food Group Pty Ltd (trading as Peters Ice Cream), applied to the Fair Work Commission for approval of the Van Sales Representative Enterprise Agreement 2014. The application was made under section 231 of the Fair Work Act 2009, seeking approval of the agreement as a simple or low-complexity agreement. The dispute centred on whether the agreement met the necessary criteria for approval under the relevant legislation.

The legal issues before the court involved determining whether the agreement satisfied the requirements for a simple or low-complexity agreement, including the scope of the agreement, the bargaining process, and the provisions within the agreement itself. The court had to examine whether the agreement was genuinely negotiated, contained the required minimum terms and conditions, and was appropriately certified by the relevant industrial body.

The Fair Work Commission assessed the application and found that the agreement met the criteria for a simple or low-complexity agreement. The court considered the evidence provided by the applicant, including the negotiation process and the content of the agreement. The Commission determined that the agreement was genuinely negotiated, contained the necessary minimum terms and conditions, and was appropriately certified. Consequently, the application for approval was successful.

The Fair Work Commission approved the Van Sales Representative Enterprise Agreement 2014, affirming its validity as a simple or low-complexity agreement. This decision allows the agreement to be implemented, providing a framework for the employment terms and conditions of the van sales representatives.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established