Cater Care Services Pty Ltd

[2015] FWCA 2092

[2015] FWCA 2092

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s 185 - Application for approval of a single-enterprise agreement

Cater Care Services Pty Ltd
(AG2015/484)

CATER CARE SERVICES AGREEMENT 2015 - 2019

Hospitality industry
DEPUTY PRESIDENT SAMS	SYDNEY, 26 MARCH 2015

Application for approval of the Cater Care Services Agreement 2015 - 2019.

[1] This is an application, pursuant to s 185 of the Fair Work Act 2009 (the ‘Act’), filed by Cater Care Services Pty Ltd (the ‘applicant’) which seeks the approval of the Fair Work Commission (the ‘Commission’) of a single enterprise agreement to be known as the Cater Care Services Agreement 2015 - 2019 (the ‘Agreement’). The Agreement is to cover 10 employees (other than Senior Managers) who provide catering, cleaning and facilities management related services who are not covered by the existing Cater Care Services Agreement 2014 - 2017 Eastern Australia [AE410360] and the Cater Care Services Agreement 2014 - 2017 Western Region [AE410361]. For the purposes of s 186(3) of the Act, I am satisfied that the group of employees to be covered by this Agreement has been fairly chosen.

[2] The employees were last notified of their representational rights on 30 January 2015, and voting for the Agreement’s approval took place on 23-24 February 2015. The time limits under s 181(2) of the Act are thereby satisfied. In a ballot, 9 of the 10 employees who cast a valid vote, agreed to approve the Agreement. The application for approval of the Agreement was lodged on 9 March 2015, thereby satisfying s 185(3) of the Act.

[3] In the Employer’s Declaration in support of the application (Form F17) Ms P McDonnell, Human Resources Manager, identified the following instruments as the relevant reference instruments for the purposes of the Better Off Overall Test (the ‘BOOT’).

• Hospitality Industry (General) Award [MA000009];



• Contract Catering and Industrial Services Award - South-Eastern Division 2004 [AN140082];



• Cafe Restaurant & Catering Award - State (Excluding South-East Queensland) 2003 [AN140052];



• Delicatessens, Canteens, Unlicensed Cafes and Restaurants, etc Award [AN150170];



• Catering - Victoria - Award 1998 [AP772681];



• Hotels, Motels, Wine Saloons, Catering, Accommodation, Clubs and Casino Employees (Northern Territory) Award 2000 [AP812953];



• Caterers Employees (State) Award [AN120106]; and



• Industrial Catering, Cleaning and Incidental Services (AWU and LHMU) Award 2000 [AP834748].

[4] Ms McDonnellsaid that the Agreement does contain some terms and conditions that are less beneficial than those under the reference instruments, including the provision of one, rather than two 20 minute rest breaks for shifts exceeding ten hours, and a lack of provision for overtime rates for work performed on a rostered day off. However, the Agreement provides for a an operational allowance, no deductions for meals and accommodation and a rest break of ten minutes for shifts between four and eight hours. I am satisfied that the Agreement passes the BOOT. The Agreement provides for the mandatory flexibility and consultation terms at clauses 1.7 and 2.8 respectively, and a disputes resolution procedure at clause 2.9 provides for conciliation and consent arbitration by the Commission.

[5] At a hearing of the application on 23 March 2015, Mr D Pratt, Solicitorand Ms C O’Connor, Solicitorappeared with Ms P McDonnell for the applicant. Mr Pratt outlined the main features of the Agreement and submitted that all of the legislative requirements for approval of the Agreement have been satisfied and the Agreement should be approved by the Commission. He explained that the other two enterprise agreements covering the employees of the applicant were relevant to contracts already on foot in different geographical areas. This Agreement proposes to cover Australia for any new work and does not purport to replace those enterprise agreements. He also said that rates of pay are to be adjusted in accordance with the Commission’s Minimum Wage Review decisions.

[6] Having heard the applicant’s submissions and upon reviewing the terms of the preapproval process documentation and the Agreement itself, I am satisfied that all of the requirements of the Act, in particular ss 180, 186, 187 and 188, in so far as relevant to this application, have been met. Accordingly, I approve a single enterprise agreement known as the Cater Care Services Agreement 2015 - 2019.Pursuant to s 54 of the Act, the Agreement shall operate from 30 March 2015 and have a nominal expiry date of 29 March 2019.

DEPUTY PRESIDENT

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