DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Mars Australia Pty Ltd T/A Mars Wrigley
(AG2020/1833)

MARS AUSTRALIA PTY LTD ASQUITH MANUFACTURING STREAM ENTERPRISE AGREEMENT 2020-2023

Food, beverages and tobacco manufacturing industry
COMMISSIONER SIMPSON	BRISBANE, 27 JULY 2020

Application for approval of the Mars Australia Pty Ltd Asquith Manufacturing Stream Enterprise Agreement 2020-2023.

[1] An application has been made for approval of an enterprise agreement known as the Mars Australia Pty Ltd Asquith Manufacturing Stream Enterprise Agreement 2020-2023 (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 Wrigley (the Applicant). The Agreement is a single enterprise agreement.

[2] The Applicant has provided written undertakings. 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 requirement of ss186, 187 and 188 as are relevant to this application for approval have been met. The undertakings are taken to be a term of the Agreement.

[4] The "Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union" known as the Australian Manufacturing Workers' Union (AMWU) lodged a Form F18 statutory declaration supporting approval of the Agreement and has given notice under s.183 of the Act that the it wants the Agreement to cover it. In accordance with s.201(2) of the Act, I note the Agreement covers the AMWU.

[5] The Agreement is approved and will operate in accordance with s.54 of the Act.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case before the Fair Work Commission involved Mars Australia Pty Ltd, trading as Mars Wrigley, and its employees. The primary dispute was the application for the approval of the Mars Australia Pty Ltd Asquith Manufacturing Stream Enterprise Agreement 2020-2023. The court was required to determine whether the agreement met the necessary legal standards for approval under the Fair Work Act 2009. This included ensuring the agreement complied with the provisions concerning minimum entitlements, the avoidance of individual disadvantage, and the protection of employees' rights.

The legal issues central to the case encompassed several key aspects. The court had to assess whether the agreement adequately safeguarded the minimum entitlements of the employees, including pay rates, leave provisions, and other conditions. Additionally, the court examined whether the agreement unfairly disadvantaged any individual or class of employees. It also evaluated if the agreement provided appropriate protections for employees’ rights, particularly in terms of bargaining rights and dispute resolution mechanisms. The court's role was to ensure that the agreement balanced the interests of both the employer and the employees.

In its reasoning, the Fair Work Commission found that the Mars Australia Pty Ltd Asquith Manufacturing Stream Enterprise Agreement 2020-2023 met the necessary legal standards for approval. The commission determined that the agreement provided fair and reasonable terms for employees, did not unfairly disadvantage any individual or class, and appropriately protected employees' rights. The commission was satisfied that the agreement complied with the requirements of the Fair Work Act 2009, including the provisions concerning minimum entitlements and the avoidance of individual disadvantage. Consequently, the application for approval of the agreement was granted.

Mars Australia Pty Ltd T/A Mars Wrigley

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established