Golden North Pty Ltd T/A Golden North Ice Cream

[2018] FWCA 6985

[2018] FWCA 6985

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Golden North Pty Ltd T/A Golden North Ice Cream
(AG2018/2966)

GOLDEN NORTH PTY LTD LAURA OPERATIONS AGREEMENT 2018

Food, beverages and tobacco manufacturing industry
COMMISSIONER PLATT	ADELAIDE, 16 NOVEMBER 2018

Application for approval of the Golden North Pty Ltd Laura Operations Agreement 2018.

[1] An application has been made for the approval of an enterprise agreement known as the Golden North Pty Ltd Laura Operations Agreement 2018 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act) by Golden North Pty Ltd T/A Golden North Ice Cream. The agreement is a single enterprise agreement.

[2] The matter was allocated to my Chambers on 23 October 2018.

[3] On 31 October 2018, I conducted a telephone conference with the parties to seek clarification about aspects of the Agreement and invited the Respondent to address these matters including the provision of an undertaking.

[4] The Applicant has submitted an undertaking in the required form dated 8 November 2018. The undertaking deals with the following topics:

•  For the purpose of clause 14 of the Agreement, employees who are engaged as shift workers are shift workers for the purpose of the National Employment Standards.

•  Clause 27 is deleted and replaced with the following:

“This Agreement will operate to the exclusion of the Food, Beverage and Tobacco Manufacturing Award 2010, the Clerks Private Sector Award 2010, and any previous employment agreement.”

•  For the purpose of clause 10.2(2), part time employees will be paid no less overall than the applicable award that would otherwise apply to their employment. This extends to the overtime provisions in the applicable award in relation to part time employees which at the time this Agreement was approved, were more beneficial.

[5] A copy of the undertaking has been provided to the bargaining representatives and they did not express any views on the undertaking.

[6] The undertaking in modifying clause 27, clarifies the intention of the parties to exclude the application of the Clerks Private Sector Award 2010 in a manner consistent with section 57 of the Act. On this basis, I am satisfied that this portion of the undertaking would result in a substantial change to the Agreement.

[7] The undertaking appears to meet the requirements of s.190(3) of the Act and I have accepted it. As a result, the undertakings are taken to be a term of the Agreement.

[8] “United Voice”, 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) of the Act I note that the Agreement covers this organisation.

[9] I am satisfied that each of the requirements of ss.186, 187, 188 and 190 of the Act as are relevant to this application for approval have been met.

[10] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 days from the date of approval of the Agreement. The nominal expiry date is 19 September 2021.

COMMISSIONER

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