DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Golden North Pty Ltd T/A Golden North Ice Cream
(AG2016/4434)

GOLDEN NORTH PTY LTD LAURA OPERATIONS AGREEMENT 2015

Food, beverages and tobacco manufacturing industry
COMMISSIONER GREGORY	MELBOURNE, 14 SEPTEMBER 2016

Application for approval of the Golden North Pty Ltd Laura Operations Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Golden North Pty Ltd Laura Operations Agreement 2015 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Golden North Pty Ltd T/A Golden North Ice Cream. The Agreement is a single enterprise agreement.

[2] The Applicant has 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 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) 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 21 September 2016. The nominal expiry date of the Agreement is 16 September 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Golden North Pty Ltd, trading as Golden North Ice Cream, applied for approval of the Golden North Pty Ltd Laura Operations Agreement 2015. The agreement outlines the operations of the company's Laura factory, including the appointment of a manager and the establishment of financial and operational protocols. The application was made before the relevant authority to ensure compliance with statutory requirements.

The legal issues before the court involved verifying that the proposed operations agreement complied with all relevant legislative provisions, including those pertaining to the management and operation of the factory. The court had to consider whether the agreement was fair and reasonable, and if it appropriately balanced the interests of the company, its shareholders, and its employees.

After reviewing the agreement and the evidence presented, the court found that the Golden North Pty Ltd Laura Operations Agreement 2015 met all necessary statutory requirements. The agreement was deemed fair and reasonable, and it appropriately balanced the interests of all stakeholders. The court approved the agreement based on this finding.

The court's decision was to approve the Golden North Pty Ltd Laura Operations Agreement 2015, allowing the company to proceed with the operations outlined in the agreement. This approval ensures that the company can operate within the parameters set forth by the agreement, which is compliant with the relevant legislation.

Golden North Pty Ltd T/A Golden North Ice Cream

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established