DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Mars Australia Pty Ltd T/A Mars Birdcare Australia
(AG2018/6904)

MARS BIRDCARE AUSTRALIA ENTERPRISE AGREEMENT 2018

Food, beverages and tobacco manufacturing industry
COMMISSIONER HARPER-GREENWELL	MELBOURNE, 19 FEBRUARY 2019

Application for approval of the Mars Birdcare Australia Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Mars Birdcare Australia Enterprise Agreement 2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Mars Australia Pty Ltd T/A Mars Birdcare Australia. The Agreement is a single enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 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 the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[3] The Agreement was approved on 19 February 2019 and, in accordance with s.54, will operate from 26 February 2019. The nominal expiry date of the Agreement is 20 February 2022.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicants, Mars Australia Pty Ltd trading as Mars Birdcare Australia, applied to the Fair Work Commission for approval of the Mars Birdcare Australia Enterprise Agreement 2018. The respondent, the Australian Manufacturing Workers Union, did not oppose the application. The primary issue before the Commission was whether the agreement met the statutory requirements for approval under the Fair Work Act 2009.

The Fair Work Commission examined the application to ensure that the agreement was not contrary to public policy, provided for a genuine enterprise, and complied with the relevant minimum standards. The Commission considered the nature of the enterprise and the classification of the employees covered by the agreement. It also assessed whether the agreement provided for the protection of employees' rights and entitlements. The respondent did not raise any objections to the agreement, and the Commission was satisfied that it met the necessary criteria for approval.

In light of the absence of any objections and the compliance of the agreement with the statutory requirements, the Fair Work Commission approved the Mars Birdcare Australia Enterprise Agreement 2018. The agreement was found to be valid and binding on the parties, providing a fair and reasonable framework for the employment relationship between the employer and the employees. The Commission's decision was based on the evidence presented and the absence of any grounds for refusal under the Fair Work Act.

Mars Australia Pty Ltd T/A Mars Birdcare Australia

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established