DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Mars Australia Pty Ltd T/A Mars Birdcare Australia
(AG2016/5109)

MARS BIRDCARE AUSTRALIA ENTERPRISE AGREEMENT 2016

Food, beverages and tobacco manufacturing industry
COMMISSIONER GREGORY	MELBOURNE, 21 OCTOBER 2016

Application for approval of the Mars Birdcare Australia Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Mars Birdcare Australia Enterprise Agreement 2016 (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] The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure A. 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.

[3] 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.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 28 October 2016. The nominal expiry date of the Agreement is 20 October 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The applicant, Mars Australia, sought approval of the Mars Birdcare Australia Enterprise Agreement 2016 from the Fair Work Commission. This agreement outlined terms and conditions of employment for its employees, including aspects such as wages, leave entitlements, and working hours. The application for approval was necessitated by the Fair Work Act, which requires certain enterprise agreements to be formally approved by the Commission to ensure they meet the statutory requirements and provide a fair and efficient workplace.

The central legal issues the court had to address involved whether the enterprise agreement complied with the statutory prerequisites and provisions under the Fair Work Act. Specifically, the court needed to determine if the agreement was made in good faith, if it provided for the proper classification of employees, and if it included minimum terms as mandated by the Act. Furthermore, the court examined whether the agreement was free from prohibited content, such as discriminatory terms, and if it adequately facilitated the efficient operation of the enterprise.

In rendering its decision, the Fair Work Commission considered various submissions from the parties involved. The Commission found that the agreement adhered to the requirements of the Fair Work Act, including the provision of minimum terms, the avoidance of prohibited content, and the demonstration of good faith in its negotiation and execution. The Commission also noted that the agreement facilitated a fair and efficient workplace, thereby meeting the statutory criteria for approval. Consequently, the Commission approved the Mars Birdcare Australia Enterprise Agreement 2016, confirming its compliance with the necessary legal standards.

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