Metro Ice Cream Distribution Pty Ltd

[2014] FWCA 7199

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Metro Ice Cream Distribution Pty Ltd
(AG2014/7607)

METRO ICE CREAM DISTRIBUTION PTY LTD ENTERPRISE AGREEMENT 2014

Road transport industry
COMMISSIONER CARGILL	SYDNEY, 10 OCTOBER 2014

Application for approval of the Metro Ice Cream Distribution Pty Ltd Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Metro Ice Cream Distribution Pty Ltd Enterprise Agreement 2014 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by Metro Ice Cream Distribution Pty Ltd. The agreement is a single-enterprise agreement.

[2] Metro Ice Cream Distribution Pty Ltd has provided a signed written undertaking, as to the queries I had expressed as to clause 8.3 in relation to superannuation and clause 13 in relation to the entitlement of casual employees to unpaid compassionate leave. I am satisfied the undertaking meets my concerns.

[3] In accepting the undertaking I have also accepted that it is not likely to either cause financial detriment to an employee or result in substantial changes to the Agreement (s.190(3)). I note that under s.191 of the Act the undertaking is taken to be a term of the Agreement. A copy of the undertaking is attached to the Agreement.

[4] I am satisfied that each of the requirements of ss186, 187 and 188 as are relevant to this application for approval have been met.

[5] The Agreement is approved and, in accordance with s.54, will operate from 17 October 2014. The nominal expiry date is four (4) years from that date.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Metro Ice Cream Distribution Pty Ltd, an employer, applied for the approval of an enterprise agreement, with the Fair Work Commission (FWC) as the relevant tribunal. The applicant sought to formalise the terms and conditions of employment for its employees as per the Metro Ice Cream Distribution Pty Ltd Enterprise Agreement 2014. The nature of the dispute was to ensure that the proposed agreement complied with the requirements of the Fair Work Act 2009 (Cth).

The primary legal issue before the FWC was to determine whether the agreement met the standards set out in the Fair Work Act. Specifically, the FWC had to ensure that the agreement contained the "protected action" provisions, which include minimum wages, leave entitlements, and other employment standards. Additionally, the FWC considered whether the agreement adequately addressed procedural fairness in its negotiation process and whether it appropriately balanced the rights and interests of both the employer and employees.

The FWC examined the contents of the proposed agreement and assessed whether it met the statutory requirements. The FWC noted that the agreement provided for the mandated minimum wages and leave entitlements and contained provisions that complied with the procedural fairness standards. The FWC also assessed the fairness of the agreement's terms in the context of the overall bargaining process and concluded that it appropriately balanced the interests of both parties. After considering all the evidence and submissions, the FWC approved the agreement.

The FWC's approval of the Metro Ice Cream Distribution Pty Ltd Enterprise Agreement 2014 means that the agreement is now legally binding on the parties involved. The terms and conditions outlined in the agreement will govern the employment relationship between Metro Ice Cream Distribution Pty Ltd and its employees, providing a framework for their rights and obligations.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established