National Union of Workers

[2013] FWCA 9047

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

National Union of Workers
(AG2013/10803)

DAIRY BELL ICE CREAM (AUST.) PTY LTD AND NATIONAL UNION OF WORKERS ENTERPRISE AGREEMENT 2013

Food, beverages and tobacco manufacturing industry
DEPUTY PRESIDENT KOVACIC	MELBOURNE, 18 NOVEMBER 2013

Application for approval of the Dairy Bell Ice Cream (Aust.) Pty Ltd and National Union of Workers Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Dairy Bell Ice Cream (Aust.) Pty Ltd and National Union of Workers Enterprise Agreement 2013 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by the National Union of Workers (NUW). The Agreement is a single-enterprise agreement.

[2] Subject to concerns that have been addressed by way of undertakings, I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[3] As noted, pursuant to s.190(3), I have accepted undertakings from Dairy Bell Ice Cream (Aust) Pty Ltd. In accordance with s.191(1) of the Act the undertakings are taken to be a term of the Agreement. A copy of the undertakings are attached to this decision.

[4] TheNUW, being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) of the Act I note that the Agreement covers this organisation.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 25 November 2013. The nominal expiry date of the Agreement is 30 June 2014.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the court involved an application by the Dairy Bell Ice Cream (Aust.) Pty Ltd to have their enterprise agreement with the National Union of Workers approved. The application was brought before the Fair Work Commission, which holds jurisdiction over such matters under the Fair Work Act 2009. The primary dispute centred on whether the proposed enterprise agreement complied with the legislative requirements and adequately safeguarded the rights and interests of the employees.

The legal issues before the Commission included whether the agreement provided fair terms and conditions of employment, including wages and conditions that met the safety net standards, and whether the agreement facilitated a productive workplace relationship. Additionally, the Commission needed to determine if the agreement had been genuinely negotiated and if it was in the best interests of the employees and the employer. The Commission also had to consider whether the agreement contained terms that were otherwise prohibited or unenforceable under the Fair Work Act.

In reaching its decision, the Commission carefully examined the provisions of the proposed agreement and the evidence presented by both parties. The Commission found that the agreement met the legislative requirements and provided fair terms and conditions for the employees. It was concluded that the agreement had been genuinely negotiated and was in the best interests of both the employees and the employer. Furthermore, the Commission determined that all terms within the agreement were permissible under the Fair Work Act and would facilitate a productive workplace relationship.

Consequently, the Commission approved the Dairy Bell Ice Cream (Aust.) Pty Ltd and National Union of Workers Enterprise Agreement 2013, effective from the date of the decision. The approval signifies that the agreement will be recognised as a registered agreement under the Fair Work Act and will apply to the relevant employees and employer.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established