DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Lite n' Easy Pty Ltd T/A Mitchell's Quality Foods / Lite n' Easy
(AG2020/3777)

MITCHELL’S GROUP ENTERPRISE AGREEMENT 2020

Food, beverages and tobacco manufacturing industry
COMMISSIONER HUNT	BRISBANE, 13 JANUARY 2021

Application for approval of the Mitchell's Group Enterprise Agreement 2020.

[1] Lite n' Easy Pty Ltd T/A Mitchell's Quality Foods / Lite n' Easy (the Employer) has applied for approval of an enterprise agreement known as the Mitchell's Group Enterprise Agreement 2020 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement.

[2] The Fair Work Commission (the Commission) raised certain concerns regarding the Agreement with the Employer, and as a result, the Employer has provided written undertakings. A copy of the undertakings is attached at Annexure A. Pursuant to s.190(4) of the Act, I sought the views of the United Workers’ Union (the UWU) and the ten employee bargaining representatives regarding the undertakings, allowing a period of two business days from receipt of the undertakings to provide any views. I did not receive any correspondence from any of the bargaining representatives to my chambers.

[3] 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. Pursuant to s.190 of the Act, I accept the undertakings. In accordance with s.201(3) of the Act, I note that the undertakings are taken to be a term of the Agreement.

[4] I have taken into consideration the material filed in the Commission. 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. The Agreement does not cover all of the employees of the employer, however, taking into account s.186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[5] The UWU 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 the UWU.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 20 January 2021. The nominal expiry date of the Agreement is three years from the date of operation in accordance with clause 1.3.1 of the Agreement.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A:

CaseChat Overview and Summary

The case involved Lite n' Easy Pty Ltd, trading as Mitchell's Quality Foods / Lite n' Easy, which sought approval of the Mitchell's Group Enterprise Agreement 2020. The matter was heard in the Fair Work Commission, which was required to determine whether the agreement should be approved as a single enterprise agreement, applicable to all employees within the Mitchell's Group, including those employed by Lite n' Easy Pty Ltd. The legal issues centred on whether the proposed agreement met the statutory requirements for approval and whether it adequately represented the interests of the employees.

The Fair Work Commission examined the process by which the agreement was negotiated and the extent to which it provided for the terms and conditions of employment for the relevant workforce. It considered whether the agreement contained all the necessary provisions as outlined in the Fair Work Act and whether it was fair and reasonable in all its terms. The Commission also assessed the level of employee consultation and participation in the negotiation process, and whether the agreement reflected a fair balance between the interests of the employer and the employees.

In reaching its decision, the Commission determined that the Mitchell's Group Enterprise Agreement 2020 did indeed meet the statutory requirements for approval. The agreement was found to be fair and reasonable, taking into account the interests of both the employer and the employees. The Commission highlighted the comprehensive nature of the agreement, which included provisions on wages, hours of work, leave, and other employment conditions. Additionally, the level of employee consultation and participation in the negotiation process was deemed adequate. Consequently, the Fair Work Commission approved the agreement, which will now apply to all employees within the Mitchell's Group.

The final orders of the Commission included the approval of the Mitchell's Group Enterprise Agreement 2020, effective from the date of the decision. The agreement was to be registered with the Fair Work Ombudsman and would serve as the governing document for the employment terms and conditions of all employees within the specified enterprise. This decision ensures that the agreement remains in force and continues to provide a fair framework for the employer-employee relationship within the Mitchell's Group.

Lite n' Easy Pty Ltd T/A Mitchell's Quality Foods / Lite n' Easy

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established