Everest Ice Cream Australia Pty Ltd Summary

[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

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.

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.

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.

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.

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

CaseChat Overview and Summary

Everest Ice Cream Australia Pty Ltd and the United Workers Union sought approval of an enterprise agreement from the Fair Work Commission. The application was for the Everest Ice Cream Australia Pty Ltd & United Workers Union Enterprise Agreement 2023. The legal issues before the Commission were whether the agreement met the requirements of the Fair Work Act 2009 and whether it was in the best interests of the employees. The Commission had to ensure that the agreement complied with the relevant provisions of the Act, including those relating to good faith bargaining and procedural fairness.

The Commission considered the submissions and evidence from both parties. It found that the agreement was the product of good faith bargaining and that it complied with the procedural fairness requirements. The Commission also examined the terms of the agreement and concluded that they were not contrary to public policy or contrary to any relevant minimum standards. The Commission was satisfied that the agreement was in the best interests of the employees, as it provided for fair and reasonable terms of employment.

Accordingly, the Fair Work Commission approved the Everest Ice Cream Australia Pty Ltd & United Workers Union Enterprise Agreement 2023. The Commission's decision was based on the evidence and arguments presented by the parties and its consideration of the relevant legal requirements. The Commission's approval of the agreement means that it is now legally binding on the parties and will govern the employment conditions of the employees covered by the agreement.

Everest Ice Cream Australia Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established