DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Chef Fresh Pty Ltd T/A Chef Fresh
(AG2020/1069)

CHEF FRESH MANUFACTURING EMPLOYEES ENTERPRISE AGREEMENT 2019

Food, beverages and tobacco manufacturing industry
DEPUTY PRESIDENT MILLHOUSE	MELBOURNE, 8 MAY 2020

Application for approval of the Chef Fresh Manufacturing Employees Enterprise Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the Chef Fresh Manufacturing Employees Enterprise Agreement 2019 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by Chef Fresh Pty Ltd T/A Chef Fresh. The Agreement is a single enterprise agreement.

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

[3] 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.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 15 May 2020. The nominal expiry date of the Agreement is 30 September 2022.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Chef Fresh Pty Ltd, trading as Chef Fresh, applied to the Fair Work Commission for approval of the Chef Fresh Manufacturing Employees Enterprise Agreement 2019. The Fair Work Commission was tasked with determining whether the enterprise agreement met the necessary criteria under the Fair Work Act 2009. This included assessing whether the agreement provided for fair and reasonable terms and conditions, and whether it adhered to the requirements for employee representation, notice periods, and other procedural aspects.

The central legal issues before the Commission were whether the agreement provided for terms and conditions that were fair and reasonable, and if the process by which the agreement was made complied with the legislative requirements. The Commission needed to examine if the agreement was made in good faith, whether it was free from coercion, and if it was properly negotiated. The fairness and reasonableness of the terms themselves, including matters such as wages, hours of work, and other employment conditions, were also scrutinised.

The Fair Work Commission found that the enterprise agreement met all necessary criteria for approval. It concluded that the agreement was made in good faith, was free from any element of coercion, and was properly negotiated. The terms and conditions set out in the agreement were found to be fair and reasonable, and the process through which the agreement was made complied with all statutory requirements. Consequently, the Commission approved the Chef Fresh Manufacturing Employees Enterprise Agreement 2019.

Chef Fresh Pty Ltd T/A Chef Fresh

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established