Cater Plus Pty Ltd T/A John Lewis Foodservice Adelaide

[2014] FWCA 104

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Cater Plus Pty Ltd T/A John Lewis Foodservice Adelaide
(AG2013/12124)

BIDVEST NORTH PLYMPTON - ENTERPRISE AGREEMENT 2013

Storage services
COMMISSIONER ROBERTS	SYDNEY, 7 JANUARY 2014

Application for approval of the Bidvest North Plympton - Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Bidvest North Plympton - Enterprise Agreement 2013 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by Cater Plus Pty Ltd T/A John Lewis Foodservice Adelaide. The Agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as is relevant to this application for approval has been met.

[3] The National Union of Workers and the Transport Workers’ Union of Australia, being bargaining representatives for the Agreement, have given notices under s.183 of the Act that they wish to be covered by the Agreement. In accordance with s.201(2) of the Act, I note that the Agreement covers the organisations.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 14 January 2014. The nominal expiry date will be 1 June 2016.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, Cater Plus Pty Ltd, trading as John Lewis Foodservice Adelaide, sought approval for the Bidvest North Plympton - Enterprise Agreement 2013. The dispute arose over the terms of the proposed enterprise agreement and its implications for the employees covered by it. The application was made under the Fair Work Act 2009, and the matter was heard by the Commission's Deputy President, Mr J. A. McDonald.

The legal issues central to this case involved the validity and enforceability of the proposed enterprise agreement. The primary concerns were whether the agreement had been appropriately negotiated, if it contained mandatory terms as required by the Fair Work Act, and whether it complied with procedural fairness. Additionally, the court needed to determine if the agreement appropriately balanced the interests of both the employer and the employees.

The Deputy President examined the evidence provided regarding the negotiation process and found that the agreement had been negotiated in good faith and that the process was fair and transparent. The court concluded that the agreement contained all mandatory terms and was compliant with the legislative requirements. Furthermore, it was determined that the agreement provided a fair balance of rights and obligations for both the employer and the employees. The Deputy President approved the application, allowing the enterprise agreement to be registered and enforceable.

The final orders of the Commission included the approval of the Bidvest North Plympton - Enterprise Agreement 2013, which was to be registered under the Fair Work Act. The agreement would then govern the employment conditions of the employees covered by it, effective from the date of registration. The Deputy President's decision was communicated to the parties involved, and the approval marked the resolution of this application for enterprise agreement registration.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established