DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Dunbrae Pty Ltd T/A Global Food Equipment
(AG2016/8084)

GLOBAL FOOD EQUIPMENT ENTERPRISE AGREEMENT 2016

Manufacturing and associated industries
COMMISSIONER LEE	MELBOURNE, 9 FEBRUARY 2017

Application for approval of the Global Food Equipment Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Global Food Equipment 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 Dunbrae Pty Ltd T/A Global Food Equipment. 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] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[4] The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia 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 9 February 2017 and, in accordance with s.54, will operate from 16 February 2017. The nominal expiry date of the Agreement is 9 February 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Dunbrae Pty Ltd, trading as Global Food Equipment, applied for approval of the Global Food Equipment Enterprise Agreement 2016. The applicant sought the Fair Work Commission’s (the Commission) endorsement of the agreement under section 233 of the Fair Work Act 2009. The Commission was required to consider whether the agreement met the criteria for registration, including provisions on terms and conditions of employment, and whether it was in the interests of fair and effective industrial relations.

The primary legal issue before the Commission was whether the agreement complied with the statutory requirements for registration, particularly whether it provided for fair and effective industrial relations, and whether it met the standards for good faith bargaining and fair terms and conditions. The Commission needed to assess the agreement’s provisions on wages, hours of work, leave, and other employment conditions to determine if it was consistent with the principles of the Fair Work Act.

The Commission found that the agreement contained provisions that were fair and effective in terms of the employees’ terms and conditions of employment. The agreement provided for a clear framework of wages and conditions that were considered reasonable in the context of the industry. The Commission also determined that the agreement reflected good faith bargaining and met the standards for registration under the Fair Work Act. The agreement was thus deemed to be in the interests of fair and effective industrial relations.

The Commission approved the Global Food Equipment Enterprise Agreement 2016. This decision provided clarity for both the employer and employees regarding their respective rights and obligations under the agreement. The endorsement ensured that the agreement would be legally binding and enforceable, promoting stability and certainty in the workplace.

Dunbrae Pty Ltd T/A Global Food Equipment

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established