DECISION

Fair Work Act 2009
s.185—Enterprise agreement

National Union of Workers
(AG2017/5556)

EVEREST ICE CREAM AUSTRALIA PLY LTD & NATIONAL UNION OF WORKERS ENTERPRISE AGREEMENT 2017

Food, beverages and tobacco manufacturing industry
DEPUTY PRESIDENT MASSON	MELBOURNE, 15 DECEMBER 2017

Application for approval of the Everest Ice Cream Australia Pty Ltd & National Union of Workers Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Everest Ice Cream Australia Pty Ltd & National Union of Workers Enterprise Agreement 2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by the National Union of Workers. The Agreement is a single enterprise agreement.

[2] The Applicant 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] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] The National Union of Workers 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) I note that the Agreement covers the organisation.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 22 December 2017. The nominal expiry date of the Agreement is 30 June 2018.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the Fair Work Commission, the National Union of Workers lodged an application for the approval of the Everest Ice Cream Australia Pty Ltd & National Union of Workers Enterprise Agreement 2017. The application involved the establishment of a new enterprise agreement between Everest Ice Cream Australia Pty Ltd and the union, aimed at regulating employment terms and conditions for the company's employees. The primary legal issues the court had to address were whether the agreement met the statutory requirements under the Fair Work Act 2009 and if it contained all the mandatory terms prescribed by the Act. Additionally, the court needed to ensure that the agreement did not disadvantage employees in a way that was not in their best interests.

The court examined the agreement's compliance with the mandatory provisions outlined in the Fair Work Act. It assessed whether the agreement included all the minimum terms and conditions required by law, such as minimum wages, maximum weekly hours, and leave entitlements. The court also evaluated whether the agreement provided for a proper dispute resolution process and if it contained any clauses that might be deemed unfair or unjust. Furthermore, the court scrutinised the process through which the agreement was negotiated to ensure it adhered to the principles of good faith bargaining. The court found that the agreement was consistent with the statutory requirements and did not contain any clauses that would disadvantage employees. The court approved the agreement, emphasising its compliance with the legislative framework and its fairness to the employees.

The final orders of the court were to approve the Everest Ice Cream Australia Pty Ltd & National Union of Workers Enterprise Agreement 2017. The court confirmed that the agreement was in accordance with the Fair Work Act and did not include any provisions that were detrimental to the employees. The approval of the agreement was subject to its implementation and adherence to the terms set forth within the document. The court's decision provided clarity and certainty for both the employer and the union, ensuring that the new agreement would govern the employment conditions effectively.

National Union of Workers

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established