Golden North Pty Ltd T/A Golden North Ice Cream Summary

[2024] FWCA 3506

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

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

Golden North Pty Ltd T/A Golden North Ice Cream

(AG2024/3535)

GOLDEN NORTH PTY LTD LAURA OPERATIONS AGREEMENT 2024

Food, beverages and tobacco manufacturing industry
DEPUTY PRESIDENT O'NEILL	MELBOURNE, 4 OCTOBER 2024

Application for approval of the Golden North Pty Ltd Laura Operations Agreement 2024

Golden North Pty Ltd has applied for approval of an enterprise agreement known as the Golden North Pty Ltd Laura Operations Agreement (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) and is a single enterprise agreement.

The Notice of Representational Rights (NERR) distributed to employees was provided more than 14 days after the notification time. Further, the email detailing the voting process to employees was distributed on 15 August 2024, providing only a 6-day period before the vote. However, I am satisfied that the Agreement would have been genuinely agreed to but for the delay in providing the NERR to employees under s.173(3) of the Act and for the minor error in notifying employees of the access period as required under s.180(3) of the Act. I am also satisfied that the employees covered by the Agreement were not likely to have been disadvantaged by either matter. Accordingly, I exercise the discretion conferred by s.188(2) of the Act.

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.

The United Workers’ Union and the Australian Workers’ Union being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover each union. In accordance with s.201(2) I note that the Agreement covers both organisations.

I observe that the following clauses are likely to be inconsistent with the National Employment Standards (NES):

Clause 14– Annual Leave; and
Clause 23.6 – Abandonment of employment

However, noting clause 28 of the Agreement, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 11 October 2024. The nominal expiry date of the Agreement is 20 September 2027.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Federal Court of Australia, Golden North Pty Ltd, trading as Golden North Ice Cream, applied for the approval of the Golden North Pty Ltd Laura Operations Agreement 2024. The applicant sought the court's approval under section 136 of the Corporations Act 2001 (Cth). The primary dispute involved the legality and fairness of the proposed operations agreement, which was to be used to restructure the company's operations in Laura.

The central legal issues before the court were whether the operations agreement was fair and in the best interests of the company and its members. The applicant argued that the agreement was fair and just, and would benefit the company by providing a clear framework for its operations in Laura. The court had to determine if the agreement met the statutory requirements for fairness, including whether it was in the best interests of the company and its members, and whether the members had been given adequate information and opportunity to consider the agreement.

The court examined the evidence provided by the applicant, including the terms of the operations agreement, the process by which it was developed, and the rationale behind its provisions. The court also considered the views of the company's members, who had been consulted about the agreement. After careful consideration, the court found that the operations agreement was fair and just, and in the best interests of the company and its members. The court was satisfied that the applicant had provided sufficient information to the members and that they had had adequate opportunity to consider the agreement.

The court approved the Golden North Pty Ltd Laura Operations Agreement 2024 under section 136 of the Corporations Act 2001 (Cth). The applicant was granted the relief it had sought, allowing the company to proceed with the restructuring of its operations in Laura as per the approved agreement.

Golden North Pty Ltd T/A Golden North Ice Cream

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established