The Little Big Ice Cream Company Pty Ltd Trading AS Little Big Ice Cream

[2025] FWCA 3061

[2025] FWCA 3061

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

The Little Big Ice Cream Company Pty Ltd Trading AS Little Big Ice Cream

(AG2025/2850)

THE LITTLE BIG ICE CREAM COMPANY ENTERPRISE AGREEMENT 2024

Food, beverages and tobacco manufacturing industry
COMMISSIONER TRAN	MELBOURNE, 10 SEPTEMBER 2025

Application for approval of the The Little Big Ice Cream Company Enterprise Agreement 2024

1. The Little Big Ice Cream Company Pty Ltd Trading AS Little Big Ice Cream has applied for approval of an enterprise agreement known as The Little Big Ice Cream Company Enterprise Agreement 2024 under s 185 of the Fair Work Act 2009 (Cth).

1. The Agreement is a single enterprise agreement.

1. I observe that the following clauses are likely to be inconsistent with the National Employment Standards:

   ·   Clause 26.1 – Annual leave

   ·   Clause 27.1(d) – Compassionate leave

   ·   Clauses 29.2 and 29.3 – Public Holiday substitution

   ·   Clause 12.2(b) – Withholding monies at termination

2. Clause 6 of the Agreement gives precedence to the NES, and I am satisfied that the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

1. Clause 12.2(b) – ‘Notice of termination by an employee’ provides for potential deductions from wages that may not be a permitted deduction in accordance with s 324. Clause 12.2(b) may be of no effect to the extent that it offends s 326 of the Act.

1. The Employer has provided written undertakings. 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.

1. Subject to the undertakings referred to above, I am satisfied that each requirement of ss 186, 187 and 188 as are relevant to this application for approval have been met. The undertakings are taken to be a term of the Agreement.

1. The "Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union" known as the Australian Manufacturing Workers' Union (AMWU) lodged a Form F18 statutory declaration giving 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 the Agreement covers the AMWU.

1. The Agreement is approved and, in accordance with s 54 of the Act, will operate from 17 September 2025.

1. In accordance with clause 3, the nominal expiry date of the Agreement is 30 July 2028.

COMMISSIONER

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