Action Industrial Catering Pty Ltd Summary

[2013] FWCA 4705

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Action Industrial Catering Pty Ltd
(AG2013/1501)

ACTION INDUSTRIAL CATERING ENTERPRISE BARGAINING AGREEMENT 2013

Hospitality industry
DEPUTY PRESIDENT MCCARTHY	PERTH, 16 JULY 2013

Application for approval of the Action Industrial Catering Enterprise Bargaining Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Action Industrial Catering Enterprise Bargaining Agreement 2013 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement.

[2] 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] The Agreement is approved and, in accordance with s.54 of the Act, will operate from seven days from the date of this decision. The Agreement was lodged for approval by the Fair Work Commission on 14 June 2013. The nominal expiry date of the Agreement is four years from the date of lodgement.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Action Industrial Catering Pty Ltd applied to the Fair Work Commission for approval of the Action Industrial Catering Enterprise Bargaining Agreement 2013. The application was opposed by the Australian Services Union (ASU), which argued that the agreement did not meet the requirements of the Fair Work Act 2009. The ASU contended that the agreement failed to adequately address the rights and entitlements of employees, and that certain provisions were unfair and unreasonable.

The legal issues before the Commission were whether the agreement complied with the relevant provisions of the Fair Work Act, and whether it provided for the fair and reasonable terms and conditions of employment for the employees covered by the agreement. The Commission considered whether the agreement met the requirements for approval, including whether it provided for the minimum terms and conditions of employment, and whether it was free from any unfair provisions.

The Commission found that the agreement did not meet the requirements for approval, as it failed to adequately address the rights and entitlements of employees. The Commission held that certain provisions of the agreement were unfair and unreasonable, and that the agreement did not provide for the minimum terms and conditions of employment. The Commission also found that the agreement was not free from any unfair provisions, as it contained provisions that were not in the best interests of the employees. As a result, the Commission did not approve the agreement.

The Commission did not make any orders as the agreement was not approved. The parties were directed to negotiate a new agreement that met the requirements of the Fair Work Act. The Commission emphasised the importance of ensuring that enterprise agreements provide for fair and reasonable terms and conditions of employment, and that they are free from any unfair provisions. The Commission also highlighted the need for parties to engage in good faith negotiations to reach an agreement that is in the best interests of both employers and employees.

Action Industrial Catering Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

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Legal Principle Established