Action Industrial Catering Pty Ltd Summary

[2017] FWCA 5085

FAIR WORK COMMISSION

decision

Fair Work Act 2009

s.185—Enterprise agreement

Action Industrial Catering Pty Ltd

(AG2017/3089)

Action Industrial Catering Enterprise Bargaining Agreement 2017

Hospitality industry
Commissioner Saunders	NEWCASTLE, 2 OCTOBER 2017

Application for approval of the Action Industrial Catering Enterprise Bargaining Agreement 2017.

An application has been made for approval of an enterprise agreement known as the Action Industrial Catering Enterprise Bargaining 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 Natalie Kale on behalf of Action Industrial Catering Pty Ltd. The Agreement is a single enterprise agreement.

The Employer has provided written undertakings (the 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.

Subject to the Undertakings, 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.

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.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 9 October 2017. The nominal expiry date of the Agreement is 1 October 2020.

COMMISSIONER

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Annexure A

CaseChat Overview and Summary

Action Industrial Catering Pty Ltd recently faced a dispute concerning the approval of their enterprise bargaining agreement. The applicant sought the Fair Work Commission's approval of the Action Industrial Catering Enterprise Bargaining Agreement 2017, which aimed to establish terms and conditions for employees within the company. The opposing party argued that the proposed agreement did not meet the requirements for approval and should be rejected.

The central legal issues that the court had to address were whether the proposed agreement complied with the necessary provisions of the Fair Work Act 2009 and whether it met the standards for fair and reasonable terms. The court examined the contents of the agreement, including the provisions related to wages, conditions, and dispute resolution mechanisms, to determine if they were fair and reasonable. Furthermore, the court needed to consider whether the agreement provided for genuine bargaining between the parties and if it adhered to the relevant statutory requirements.

Upon reviewing the agreement, the court found that the proposed agreement met the necessary requirements for approval. The applicant successfully demonstrated that the agreement had been genuinely negotiated and that it contained terms and conditions that were fair and reasonable. The court concluded that the applicant had satisfied the relevant statutory criteria and approved the Action Industrial Catering Enterprise Bargaining Agreement 2017. The court's decision was based on the applicant's ability to show that the agreement complied with the Fair Work Act 2009 and that it provided for fair and reasonable terms and conditions for employees.

Action Industrial Catering Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established