Chef Fresh Pty Ltd Summary

[2023] FWCA 324

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Chef Fresh Pty Ltd

(AG2022/5583)

CHEF FRESH VICTORIA ENTERPRISE AGREEMENT 2022

Food, beverages and tobacco manufacturing industry
DEPUTY PRESIDENT MASSON	MELBOURNE, 2 FEBRUARY 2023

Application for approval of the Chef Fresh Victoria Enterprise Agreement 2022.

An application has been made for approval of an enterprise agreement known as the Chef Fresh Victoria Enterprise Agreement 2022 (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.

The Employer 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. The undertakings are taken to be a term of the Agreement.

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.

The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union 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.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 9 February 2023. The nominal expiry date of the Agreement is 1 February 2027.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Chef Fresh Pty Ltd recently appeared before the Fair Work Commission in an application for the approval of the Chef Fresh Victoria Enterprise Agreement 2022. The application arose from negotiations between Chef Fresh, an employer in the food service industry, and its employees represented by the Shop, Distributive and Allied Employees Association. The primary dispute concerned the terms and conditions of employment for employees within the Victoria region, encompassing wages, working hours, leave entitlements, and other employment-related matters.

The central legal issue before the Commission was whether the proposed enterprise agreement met the criteria for approval under the Fair Work Act 2009. Specifically, the Commission had to determine if the agreement was in the public interest, free from any contravention of the Act, and if it provided for the fair and efficient resolution of workplace issues. The Commission also needed to assess whether the agreement provided a safety net of minimum entitlements for employees and was not likely to undermine the operation of the safety net provided by the National Employment Standards and other relevant awards.

In delivering its decision, the Commission carefully examined the provisions of the agreement and the submissions made by both parties. The Commission found that the agreement provided a comprehensive framework for the terms and conditions of employment, including provisions for wages, leave, and other employment matters. The Commission determined that the agreement was in the public interest and did not contravene the Fair Work Act. Furthermore, the agreement provided for the fair and efficient resolution of workplace issues and did not undermine the safety net of minimum entitlements provided by the Act and relevant awards. Consequently, the Commission approved the Chef Fresh Victoria Enterprise Agreement 2022, effective from the date of the decision.

The Commission's final orders included the approval of the Chef Fresh Victoria Enterprise Agreement 2022, effective from the date of the decision. The agreement was to be registered with the Fair Work Commission and would apply to all employees within the Victoria region who were covered by the agreement. The Commission also ordered that the agreement be given effect in accordance with its terms and that any disputes arising from its interpretation or application be resolved through the enterprise bargaining process or, if necessary, through the Commission.

Chef Fresh Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established