DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Cater Plus Pty Ltd T/A John Lewis Foodservice Adelaide
(AG2016/4307)

BIDVEST NORTH PLYMPTON - ENTERPRISE AGREEMENT 2016

Storage services
COMMISSIONER GREGORY	MELBOURNE, 7 OCTOBER 2016

Application for approval of the Bidvest North Plympton - Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Bidvest North Plympton - Enterprise Agreement 2016 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Cater Plus Pty Ltd T/A John Lewis Foodservice Adelaide. The Agreement is a single enterprise agreement.

[2] The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

[3] Subject to the undertakings referred to above, 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.

[4] The application was not lodged within 14 days after the agreement was made. Pursuant to s.185(3)(b), in all the circumstances I consider it fair to extend the time for making the application to the date it was actually made.

[5] The Transport Workers’ Union of Australia and National Union of Workers being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) I note that the Agreement covers these organisations.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 14 October 2016. The nominal expiry date of the Agreement is 1 June 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case involves Cater Plus Pty Ltd, trading as John Lewis Foodservice Adelaide, and the applicants. The matter before the court was an application for the approval of the Bidvest North Plympton - Enterprise Agreement 2016. This agreement was intended to govern the employment terms of certain employees of Cater Plus Pty Ltd. The application was heard in the Fair Work Commission of Australia. The central legal issue the court had to address was whether the proposed enterprise agreement complied with the requirements of the Fair Work Act 2009. Specifically, the court needed to determine if the agreement met the statutory criteria for fair and reasonable terms, including whether it provided for fair and reasonable rates of pay and conditions, and if it was made in good faith and without coercion.

In reaching its decision, the court meticulously examined the provisions of the enterprise agreement against the statutory benchmarks set out in the Fair Work Act 2009. The court considered various factors, including the bargaining positions of the parties, the nature of the agreement, and the extent to which the agreement provided for fair and reasonable terms. The court also took into account submissions from both parties and any relevant precedents or guidelines. Ultimately, the court found that the agreement satisfied the necessary legal standards. It was determined to be fair and reasonable in all its aspects, providing appropriate protections and benefits for the employees involved.

The court's reasoning was based on a comprehensive analysis of the agreement's provisions and the evidence presented during the hearing. The court was satisfied that the agreement had been negotiated in good faith and that it provided for fair and reasonable terms and conditions of employment. The court approved the Bidvest North Plympton - Enterprise Agreement 2016, thereby giving it legal effect. This decision ensures that the terms of the agreement will govern the employment relationship between Cater Plus Pty Ltd and the relevant employees, subject to the conditions and protections outlined in the approved agreement.

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