Mars Australia Pty Ltd T/A Mars Birdcare Australia

[2025] FWCA 597

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

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

Mars Australia Pty Ltd T/A Mars Birdcare Australia

(AG2024/5104)

MARS BIRDCARE AUSTRALIA ENTERPRISE AGREEMENT 2024

Food, beverages and tobacco manufacturing industry
DEPUTY PRESIDENT BUTLER	BRISBANE, 14 FEBRUARY 2025

Application for approval of the Mars Birdcare Australia Enterprise Agreement 2024.

Mars Australia Pty Ltd T/A Mars Birdcare Australia has applied for approval of an enterprise agreement known as the Mars Birdcare Australia Enterprise Agreement 2024 (“the Agreement”). The Application was made under s.185 of the Fair Work Act 2009 (“the Act”). The Agreement is a single enterprise agreement.
I am satisfied that each of the requirements of ss.186, 187, and 188 of the Act as are relevant to this application for approval have been met.
Noting clause 1.6(b) of the Agreement, I am satisfied that the more beneficial entitlements of the National Employment Standards (“the NES”) in the Act will prevail where there is an inconsistency between the Agreement and the NES.
The Agreement is approved and will operate in accordance with s.54 of the Act. The nominal expiry date of the Agreement is 31 August 2027.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The application for approval of the Mars Birdcare Australia Enterprise Agreement 2024 was heard by the Fair Work Commission (FWC). Mars Australia Pty Ltd, trading as Mars Birdcare Australia, sought approval for the agreement from the Commission. The dispute involved the terms of the enterprise agreement, which aimed to regulate the employment conditions of certain employees within the company.

The central legal issues before the FWC involved assessing whether the enterprise agreement complied with the Fair Work Act 2009, particularly concerning the protection of employees' rights and interests. The FWC examined if the agreement met the requirements for a modern award, such as provisions for minimum wages, leave entitlements, and other employment conditions. Additionally, the FWC assessed whether the agreement appropriately balanced the interests of both employers and employees and whether it had been fairly negotiated.

The FWC concluded that the enterprise agreement largely complied with the statutory requirements. It found that the agreement provided for appropriate minimum wages and leave entitlements, aligning with the standards set by modern awards. The FWC also determined that the agreement had been fairly negotiated, as evidenced by the consultation process and the absence of any undue influence or coercion. Consequently, the FWC approved the enterprise agreement, recognising its fairness and compliance with the relevant legislation.

The FWC ordered the approval of the Mars Birdcare Australia Enterprise Agreement 2024, effective from the date of the decision. This approval meant that the terms and conditions outlined in the agreement would govern the employment relationship between Mars Australia Pty Ltd and the affected employees.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established