DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Cater Plus Pty Ltd T/A John Lewis Foodservice Adelaide
(AG2019/3690)

BIDFOOD NORTH PLYMPTON – ENTERPRISE AGREEMENT 2019

Food, beverages and tobacco manufacturing industry
DEPUTY PRESIDENT SAUNDERS	NEWCASTLE, 29 OCTOBER 2019

Application for approval of the Bidfood North Plympton - Enterprise Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the Bidfood North Plympton - Enterprise Agreement 2019 (Agreement). The application was made pursuant to section 185 of the Fair Work Act 2009 (Act). The Agreement is a single enterprise agreement.

[2] 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.

[3] 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.

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

[5] 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.

[6] The National Union of Workers 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.

[7] The Agreement is approved and, in accordance with section 54 of the Act, will operate from 5 November 2019. The nominal expiry date of the Agreement is 1 June 2022.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case of Cater Plus Pty Ltd, trading as John Lewis Foodservice Adelaide, involved an application for the approval of the Bidfood North Plympton - Enterprise Agreement 2019. The application was lodged by the employer with the Fair Work Commission, which is the industrial relations tribunal in Australia. The application sought the Commission's approval of an enterprise agreement that had been negotiated between the employer and certain employees. The nature of the dispute was primarily about whether the agreement complied with the relevant statutory requirements for such agreements.

The legal issues before the court included whether the enterprise agreement met the criteria for approval under the Fair Work Act 2009. Key considerations included the process by which the agreement was formed, whether it contained the necessary minimum terms and conditions, and whether it was free from prohibited content. Additionally, the court had to consider whether the agreement was genuinely negotiated and whether it provided for the proper protection of employee interests.

The Fair Work Commission found that the enterprise agreement was validly formed and contained all the necessary minimum terms. The Commission was satisfied that the agreement had been genuinely negotiated and was free from any prohibited content. The employer had provided adequate evidence to demonstrate the proper process was followed in reaching the agreement. Consequently, the Commission approved the Bidfood North Plympton - Enterprise Agreement 2019, confirming its compliance with the statutory requirements. This approval was essential for the agreement to be legally binding on both parties.

Cater Plus Pty Ltd T/A John Lewis Foodservice Adelaide

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established