Unilever Australia Trading Limited T/A Streets Ice Cream Minto

[2022] FWCA 670

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Unilever Australia Trading Limited T/A Streets Ice Cream Minto

(AG2022/55)

Unilever Australia Trading Ltd, (trading as Streets Ice Cream, Minto) Enterprise Agreement 2021

Manufacturing and associated industries
DEPUTY PRESIDENT SAUNDERS	NEWCASTLE, 24 FEBRUARY 2022

Application for approval of the Unilever Australia Trading Ltd, (trading as Streets Ice Cream, Minto) Enterprise Agreement 2021

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 2021 (Agreement). The application was made pursuant to section 185 of the Fair Work Act 2009 (Act). The Agreement is a single enterprise agreement.

The Employer has provided written undertakings (Undertakings). A copy of the Undertakings is attached in Annexure A to this decision. I am satisfied that the effect of accepting the Undertakings is not likely to:

(a) cause financial detriment to any employee covered by the Agreement; or

(b) result in substantial changes to the Agreement.

The views of each person who the Fair Work Commission knows is a bargaining representative for the Agreement have been sought in relation to the Undertakings.

Pursuant to subsection 190(3) of the Act, I accept the Undertakings. The Undertakings are taken to be a term of the Agreement.

Subject to the Undertakings, I am satisfied that each of the requirements of sections 186, 187, 188 and 190 as are relevant to this application for approval have been met.

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 section 183 of the Act that it wants the Agreement to cover it. In accordance with subsection 201(2) of the Act, I note that the Agreement covers the organisation.

The Agreement is approved and, in accordance with section 54 of the Act, will operate from 3 March 2022. The nominal expiry date of the Agreement is 31 October 2024.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the Fair Work Commission, the applicant, Unilever Australia Trading Limited, trading as Streets Ice Cream Minto, applied for the approval of the Enterprise Agreement 2021. The agreement sought to regulate the employment terms of the applicant's employees who are classified under the Ice Cream Manufacturing Award 2010. The dispute centred around whether the proposed agreement was in compliance with the relevant legislative provisions and whether it contained mandatory terms that were necessary to protect the employees' interests.

The primary legal issue before the Commission was to determine if the agreement met the statutory requirements under the Fair Work Act 2009. This included assessing whether the agreement had been fairly negotiated and if it contained terms that were consistent with the provisions of the Award. The Commission also had to consider whether the agreement adequately covered the mandatory terms stipulated by the Act, ensuring the employees' rights and conditions of employment were protected.

The Commission found that the agreement had been fairly negotiated and contained terms that aligned with the Award and the Fair Work Act. The agreement included all the mandatory terms required by the legislation, such as minimum rates of pay, leave entitlements, and provisions for redundancy. The Commission approved the agreement, concluding that it was in the best interests of the employees and did not unfairly disadvantage any party. The decision affirmed the agreement's validity and authorised its implementation from the specified commencement date.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established