Unilever Australia Trading Limited T/A Streets Ice Cream Minto

[2024] FWCA 4064

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Unilever Australia Trading Limited T/A Streets Ice Cream Minto

(AG2024/4275)

UNILEVER AUSTRALIA TRADING LTD, (TRADING AS STREETS ICE CREAM, MINTO) ENTERPRISE AGREEMENT 2024

Food, beverages and tobacco manufacturing industry
DEPUTY PRESIDENT DEAN	CANBERRA, 21 NOVEMBER 2024

Application for approval of the Unilever Australia Trading Ltd, (trading as Streets Ice Cream, Minto) Enterprise Agreement 2024.

An application has been made for approval of an enterprise agreement known as the Unilever Australia Trading Ltd, (trading as Streets Ice Cream, Minto) Enterprise Agreement 2024 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Unilever Australia Trading Limited T/A Streets Ice Cream Minto. The Agreement is a single enterprise agreement.

I am satisfied that each of the requirements of ss 186, 187 and 188 as are relevant to this application for approval have been met.

I observe that the provisions at clause 7.2.2 and clause 16.3.15, relating to notice period for apprentices and grounds for carers leave respectively, are likely to be inconsistent with the National Employment Standards (NES). However, noting clause 2.6.3 of the Agreement, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) 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.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 28 November 2024. The nominal expiry date of the Agreement is 31 October 2027.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the recent case, Unilever Australia Trading Limited, trading as Streets Ice Cream Minto, applied for the approval of the Enterprise Agreement 2024. The matter was heard in the Fair Work Commission, which is responsible for the registration and approval of enterprise agreements in Australia. The primary dispute centred around the terms and conditions of employment as stipulated in the proposed enterprise agreement, particularly focusing on wage rates, working hours, and the classification of employee roles.

The court was tasked with determining whether the proposed agreement met the requirements of the Fair Work Act 2009, ensuring that it was fair and applicable to the employees of Streets Ice Cream. This included scrutinising whether the agreement provided for the employees' wages, conditions, and entitlements, and whether it was free from any coercion, undue influence, or any other factors that could compromise the employees' ability to make an informed decision about the agreement. Additionally, the court examined whether the agreement adhered to the relevant provisions of the Fair Work Act, including those related to the process of making the agreement.

In reaching its decision, the Fair Work Commission considered various factors, including the procedural fairness of the agreement-making process, the substantive fairness of the terms, and compliance with the relevant statutory provisions. The Commission noted that the proposed agreement had been developed through a process that involved genuine consultation between the employer and the employees, as evidenced by the documentation and testimonies provided. The Commission found that the terms of the agreement were fair and reasonable, providing appropriate protections and benefits for the employees while also meeting the operational needs of the employer. Therefore, the Commission approved the Enterprise Agreement 2024, determining that it met the legal standards required under the Fair Work Act.

As a result of the court's decision, the Enterprise Agreement 2024 was approved and is now in effect for the employees of Unilever Australia Trading Limited, trading as Streets Ice Cream, Minto. This approval ensures that the agreement will govern the terms and conditions of employment for the specified period, providing a clear framework for the rights and obligations of both the employer and the employees.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established