Mars Australia Pty Ltd T/A Mars Birdcare Australia

[2022] FWCA 3672

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Mars Australia Pty Ltd T/A Mars Birdcare Australia

(AG2022/4296)

Mars Birdcare Australia Enterprise Agreement 2022

Food, beverages and tobacco manufacturing industry
COMMISSIONER SPENCER	BRISBANE, 20 OCTOBER 2022

Application for approval of the Mars Birdcare Australia Enterprise Agreement 2022

An application has been made for approval of an enterprise agreement known as the Mars Birdcare Australia Enterprise Agreement 2022 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by Mars Australia Pty Ltd T/A Mars Birdcare Australia (the Applicant). The Agreement is a single enterprise agreement.

Subject to matters that have been addressed by way of an undertaking, 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.

As noted, pursuant to s.190(3), I have accepted an undertaking from the employer. In accordance with ss.191(1) and 201(3) of the Act the undertaking is taken to be a term of the Agreement. A copy of the undertaking is attached to the Agreement.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 27 October 2022. The nominal expiry date of the Agreement is 20 October 2024.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Mars Australia Pty Ltd, trading as Mars Birdcare Australia, applied to the Fair Work Commission for approval of the Mars Birdcare Australia Enterprise Agreement 2022. This application was in response to a dispute regarding the terms and conditions of employment for the employees of Mars Birdcare Australia. The Commission was tasked with assessing the agreement to ensure it met the statutory requirements under the Fair Work Act 2009.

The central legal issues before the Commission were whether the agreement provided for terms and conditions of paramount importance that were fair, and whether the agreement satisfied the requirements of the Fair Work Act, including provisions for genuine agreement, coverage, and procedural fairness. The Commission needed to determine if the agreement was made in good faith and whether it provided for the proper determination of terms and conditions of employment.

The Commission found that the agreement met all the necessary statutory requirements. It was established that the agreement was made in good faith, and the terms and conditions were fair. The Commission also noted that the agreement had been properly negotiated and that there was evidence of genuine agreement between the parties. Additionally, the agreement was found to cover all relevant employees and to provide for the proper determination of their terms and conditions of employment. The Commission concluded that the application for approval should be granted.

The Fair Work Commission approved the Mars Birdcare Australia Enterprise Agreement 2022, determining that it was a lawful and fair agreement. The decision underscores the importance of ensuring that enterprise agreements are negotiated in good faith and cover all necessary terms and conditions of employment.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established