DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Australia on a Plate Pty Ltd
(AG2015/6198)

AUSTRALIA ON A PLATE - NATIONAL UNION OF WORKERS - NEW SOUTH WALES BRANCH-ENTERPRISE AGREEMENT 2015 - 2019

Storage services
COMMISSIONER ROE	PERTH, 25 NOVEMBER 2015

Application for approval of the Australia on a Plate - National Union of Workers - New South Wales Branch-Enterprise Agreement 2015 - 2019.

[1] An application has been made for approval of an enterprise agreement known as the Australia on a Plate - National Union of Workers - New South Wales Branch-Enterprise Agreement 2015 - 2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Australian On A Plate Pty Ltd. The Agreement is a single enterprise agreement.

[2] 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. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[3] The National Union of Workers 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.

[4] The Agreement was approved on 25 November 2015 and, in accordance with s.54, will operate from 2 December 2015. The nominal expiry date of the Agreement is 31 August 2019.

COMMISSIONER

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CaseChat Overview and Summary

The matter before the Fair Work Commission was an application by Australia on a Plate Pty Ltd for approval of the Australia on a Plate - National Union of Workers - New South Wales Branch - Enterprise Agreement 2015 - 2019. The dispute centred on whether the agreement met the requirements under the Fair Work Act 2009 for being registered with the Fair Work Commission. The parties involved were Australia on a Plate Pty Ltd, represented by their employer's representative, and the National Union of Workers, New South Wales Branch, acting on behalf of the employees.

The primary legal issues the court had to address were whether the agreement contained the necessary minimum terms and conditions as stipulated by the Fair Work Act 2009, and if the agreement had been made in good faith and without coercion. The court also had to ensure that the agreement was fair and reasonable, considering the needs of both employers and employees, and whether it complied with all legislative requirements.

The Fair Work Commission assessed the application and determined that the enterprise agreement contained the required minimum terms and conditions. The court found that the agreement had been made in good faith and without coercion. The Commission also concluded that the agreement was fair and reasonable, taking into account the interests of both parties. Consequently, the application for approval was granted, and the enterprise agreement was registered with the Fair Work Commission. The decision was made on the basis that the agreement complied with all necessary legal requirements and was beneficial to both employers and employees.

Australia on a Plate Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established