Mars Australia Pty Ltd T/A Mars Wrigley Confectionery

[2019] FWCA 2367

[2019] FWCA 2367

FAIR WORK COMMISSION

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

<AE502794  PR706696>

Annexure A