Everest Ice Cream Australia Pty Ltd

[2024] FWCA 3112

[2024] FWCA 3112

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

Everest Ice Cream Australia Pty Ltd

(AG2024/2939)

EVEREST ICE CREAM AUSTRALIA PTY LTD & UNITED WORKER'S UNIONS ENTERPRISE AGREEMENT

Food, beverages and tobacco manufacturing industry
COMMISSIONER YILMAZ	MELBOURNE, 28 AUGUST 2024

Application for approval of the Everest Ice Cream Australia Pty Ltd & United Workers Union Enterprise Agreement 2023

1. An application has been made for approval of an enterprise agreement known as the Everest Ice Cream Australia Pty Ltd & United Worker’s Unions Enterprise Agreement (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Everest Ice Cream Australia Pty Ltd. The Agreement is a single enterprise agreement.

1. I am satisfied that each of the requirements of ss.186, 187 and 188 are relevant to this application for approval and have been met. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in ss.186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

1. I note that the Notice of Employee Representational Rights (NERR) was not provided in the correct form. However, I am satisfied that this is a minor technical error and that pursuant to s.188(5) it may be disregarded.

1. The United Workers’ Union 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.

1. The Agreement is approved and in accordance with s.54, will operate from 4 September 2024. The nominal expiry date of the Agreement is 30 June 2026.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

<AE525917  PR778662>