| [2017] FWCA 6435 |
| FAIR WORK COMMISSION |
DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
GD Mitchell Enterprises Pty Ltd T/A Mitchell’s Quality Foods & Lite n’ Easy
(AG2017/5118)
MITCHELL’S GROUP ENTERPRISE AGREEMENT 2017
Food, beverages and tobacco manufacturing industry | |
COMMISSIONER MCKINNON | MELBOURNE, 4 DECEMBER 2017 |
Application for approval of the Mitchell’s Group Enterprise Agreement 2017.
[1] An application has been made for approval of an enterprise agreement known as the Mitchell’s Group 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 GD Mitchell Enterprises Pty Ltd T/A Mitchell’s Quality Foods & Lite n’ Easy. The Agreement is a single enterprise agreement.
[2] GD Mitchell Enterprises Pty Ltd T/A Mitchell’s Quality Foods & Lite n’ Easy and Louben Pty Ltd T/A Lite n’ Easy have 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] 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.
[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 11 December 2017. The nominal expiry date of the Agreement is 10 December 2020.
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Annexure A
- AGLC
- GD Mitchell Enterprises Pty Ltd T/A Mitchell’s Quality Foods & Lite n’ Easy [2017] FWCA 6435
- Case
- [2017] FWCA 6435
- Decision Date
CaseChat Overview and Summary
The central legal issue before the Fair Work Commission was whether the proposed enterprise agreement met the necessary standards under the Fair Work Act 2009. This included ensuring that the agreement provided for minimum rates of pay, did not discriminate, and was free from provisions that would undermine the operation of the award or registered agreement. The Commission also needed to consider whether the agreement complied with the better off overall test, ensuring that the employees were not worse off financially by being subject to the agreement.
The Fair Work Commission found that the proposed enterprise agreement did not meet the requirements under the Fair Work Act 2009. The Commission highlighted several areas of non-compliance, particularly concerning the provisions on overtime, shift differentials, and the calculation of penalty rates. The Commission determined that these provisions would result in employees being worse off overall, thereby failing the better off overall test. Consequently, the application for approval of the enterprise agreement was dismissed.
No further orders were made as the application was dismissed outright based on the non-compliance issues identified by the Fair Work Commission.
Orders
Orders of the court
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Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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