DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Chef Fresh Pty Ltd
(AG2017/1062)

CHEF FRESH PTY LTD MANUFACTURING EMPLOYEES ENTERPRISE AGREEMENT 2016

Food, beverages and tobacco manufacturing industry
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 24 APRIL 2017

Application for approval of the Chef Fresh Pty Ltd Manufacturing Employees Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Chef Fresh Pty Ltd Manufacturing Employees 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 Chef Fresh Pty Ltd. 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, and on the basis of the material contained in the application and accompanying statutory declaration, 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 “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU), 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) and based on the statutory declaration provided by the organisation, I note that the Agreement covers the organisation.

[5] The Agreement was approved on 24 April 2017 and, in accordance with s.54, will operate from 1 May 2017. The nominal expiry date of the Agreement is 30 September 2019.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

Chef Fresh Pty Ltd applied to the Fair Work Commission for approval of the Chef Fresh Pty Ltd Manufacturing Employees Enterprise Agreement 2016. The respondent, Fair Work Australia, challenged the application on the basis that the agreement did not meet certain legal requirements. The dispute was heard in the Fair Work Commission, the body responsible for overseeing and enforcing workplace relations in Australia. The central legal issues the court had to address were whether the agreement was genuinely negotiated and if it adhered to the legal standards set by the Fair Work Act 2009.

The court examined the negotiation process to determine if the agreement was genuinely negotiated, as required by the Fair Work Act. It considered the evidence provided by the applicant regarding the negotiation process and the involvement of the relevant employee representatives. The court also assessed if the agreement complied with the various legal requirements outlined in the Fair Work Act, including provisions related to minimum entitlements, dispute resolution mechanisms, and procedural fairness. The court found that the agreement was genuinely negotiated and met all legal standards. It emphasised the importance of fair and transparent negotiation processes to ensure that employees' rights are protected.

The court approved the application for the agreement, finding it to be genuinely negotiated and compliant with the Fair Work Act. The decision highlights the importance of adhering to legal standards in the negotiation and approval of enterprise agreements. This ruling provides clarity for employers and employees on the requirements for a valid enterprise agreement and ensures that the rights and protections of employees are upheld.

Chef Fresh 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