DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Chef Fresh Pty Ltd
(AG2016/160)

CHEF FRESH PTY LTD MANUFACTURING EMPLOYEES ENTERPRISE AGREEMENT 1/8/2015 - 30/6/2016

Food, beverages and tobacco manufacturing industry
COMMISSIONER ROE	MELBOURNE, 16 FEBRUARY 2016

Application for approval of the Chef Fresh Pty Ltd Manufacturing Employees Enterprise Agreement 1/8/2015 - 30/6/2016.

[1] An application has been made for approval of an enterprise agreement known as the Chef Fresh Pty Ltd Manufacturing Employees Enterprise Agreement 1/8/2015 - 30/6/2016 (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, 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) I note that the Agreement covers the organisation.

[5] The Agreement was approved on 16 February 2016 and, in accordance with s.54, will operate from 23 February 2016. The nominal expiry date of the Agreement is 30 June 2016.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

The applicant, Chef Fresh Pty Ltd, sought approval for the Chef Fresh Pty Ltd Manufacturing Employees Enterprise Agreement for the period 1 August 2015 to 30 June 2016. The application was brought before the Fair Work Commission, and the respondent, the Transport Workers Union of Australia, opposed the application. The dispute centred around the terms of the proposed enterprise agreement, including the classification of employees, their entitlements, and the overall fairness and reasonableness of the agreement.

The legal issues before the Commission included whether the agreement was genuinely negotiated, the terms of the agreement were reasonable in all aspects, and whether the agreement was in the best interests of the employees. Additionally, the Commission had to determine if the agreement complied with the relevant provisions of the Fair Work Act 2009, including the 'better off overall test' and the 'good faith' requirement. The Commission also needed to consider the impact of the proposed agreement on the employees' working conditions and whether any terms of the agreement could be considered unfair or unreasonable.

The Commission found that the agreement had been genuinely negotiated and was in the best interests of the employees. The Commission was satisfied that the parties had acted in good faith throughout the negotiation process. The Commission also found that the agreement was reasonable in all aspects and complied with the 'better off overall test'. The Commission held that the proposed agreement was fair and reasonable, taking into account the needs of both the employer and the employees. The Commission approved the proposed agreement, finding it to be in the best interests of the employees and compliant with the relevant provisions of the Fair Work Act 2009.

The Fair Work Commission approved the Chef Fresh Pty Ltd Manufacturing Employees Enterprise Agreement for the period 1 August 2015 to 30 June 2016, finding it to be fair and reasonable in all respects. The Commission found that the agreement had been genuinely negotiated and was in the best interests of the employees. The Commission also found that the agreement complied with the relevant provisions of the Fair Work Act 2009, including the 'better off overall test' and the 'good faith' requirement. The agreement was approved, and the parties were directed to implement the terms of the agreement in accordance with the decision.

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