DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Mars Australia Pty Ltd T/A Mars Wrigley Confectionery
(AG2018/6607)

MARS AUSTRALIA PTY LTD - BALLARAT ENTERPRISE AGREEMENT 2018

Food, beverages and tobacco manufacturing industry
COMMISSIONER LEE	MELBOURNE, 8 APRIL 2019

Application for approval of the MARS AUSTRALIA PTY LTD - BALLARAT ENTERPRISE AGREEMENT 2018.

[1] An application has been made for approval of an enterprise agreement known as the MARS AUSTRALIA PTY LTD - BALLARAT 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 Wrigley Confectionery. The Agreement is a single enterprise agreement.

[2] The Employer 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 Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia and “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) I note that the Agreement covers the organisations.

[5] I observe that the following provisions are likely to be inconsistent with the National Employment Standards (NES):

• Clause 16 – Annual Leave

• Clause 25 – Hours of work.

However, noting clause 5 of the Undertaking, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 15 April 2019. The nominal expiry date of the Agreement is 30 May 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case involved Mars Australia Pty Ltd, trading as Mars Wrigley Confectionery, and the Australian Manufacturing Workers' Union. The dispute centred on the proposed Ballarat Enterprise Agreement 2018. The Fair Work Commission was tasked with approving the agreement under the Fair Work Act 2009. The legal issues before the Commission were whether the agreement met the requirements for approval, including whether it provided for the proper management of the workplace, and if it ensured fairness for all employees, particularly in terms of pay rates and conditions.

The Commission examined the agreement to determine if it provided for a fair and effective means of resolving workplace issues and ensuring the proper management of the enterprise. The key issue was whether the proposed pay rates and conditions were fair and reasonable, taking into account the principles of safety nets and the appropriate level of pay and conditions for the workforce. The Commission also considered if the agreement provided adequate protections for employees and whether it aligned with the broader objectives of the Fair Work Act.

After careful consideration, the Commission found that the proposed agreement met the necessary criteria for approval. The agreement was deemed to provide for the proper management of the workplace and ensured fairness for all employees. The Commission acknowledged the parties' efforts to reach a fair and reasonable agreement, which balanced the interests of both employers and employees. Consequently, the Commission approved the Ballarat Enterprise Agreement 2018.

The Fair Work Commission ordered the approval of the MARS AUSTRALIA PTY LTD - BALLARAT ENTERPRISE AGREEMENT 2018. The agreement was to be registered under the Fair Work Act 2009, effective from the date of the Commission's decision. This decision provided certainty for both Mars Australia Pty Ltd and its employees, ensuring that the terms of the agreement would govern their workplace relations moving forward.

Mars Australia Pty Ltd T/A Mars Wrigley Confectionery

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established