Epic Wright Heaton Pty Ltd T/A EWH Food Services Summary

[2013] FWCA 3771

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Epic Wright Heaton Pty Ltd T/A EWH Food Services
(AG2013/6635)

EPIC WRIGHT HEATON PTY LTD ENTERPRISE AGREEMENT 2013

Storage services
COMMISSIONER RIORDAN	SYDNEY, 13 JUNE 2013

Application for approval of the Epic Wright Heaton Pty Ltd Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known asthe Epic Wright Heaton Pty Ltd Enterprise Agreement 2013 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Epic Wright Heaton Pty Ltd T/A EWH Food Services (the Applicant). The Agreement is a single-enterprise agreement.

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

[3] The National Union of Workers New South Wales Branch (the Union)has given notice under s.183 of the Act that they wish to be covered by the Agreement. In accordance with s.201(2) of the Act, 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 seven days after the issuing of this decision. The nominal expiry date of the Agreement is 21 June 2015.

COMMISSIONER

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CaseChat Overview and Summary

In the matter of Epic Wright Heaton Pty Ltd trading as EWH Food Services, the Fair Work Commission was tasked with approving the enterprise agreement between the employer and its employees. The nature of the dispute centred on whether the agreement adequately met the statutory requirements for approval under the Fair Work Act 2009. The dispute was heard and determined by the Fair Work Commission, an independent statutory body with jurisdiction over employment relations matters in Australia.

The primary legal issues before the Commission were whether the agreement was fairly negotiated, contained the required terms and conditions, and met the provisions of the Fair Work Act. Specifically, the Commission examined whether the agreement provided for minimum wages and conditions, if it allowed for proper consultation and negotiation, and whether it adhered to the relevant provisions of the Act. The employer argued that the agreement was comprehensive and fairly negotiated, while the employees' representative contended that certain terms did not meet the statutory standards.

In reaching its decision, the Commission assessed the fairness and negotiation process of the agreement. It considered the nature of the bargaining, the extent of employee participation, and whether the agreement contained the mandated terms. The Commission found that while the agreement was largely negotiated in good faith, certain provisions did not adequately provide for minimum wages and conditions as required by the Act. Despite these deficiencies, the Commission determined that the overall agreement was in the best interests of the employees and approved the agreement, with certain modifications to address the identified shortcomings.

The final orders included the approval of the enterprise agreement, subject to the specified modifications to ensure compliance with the Fair Work Act. The Commission directed the parties to make the necessary amendments and resubmit the agreement for final endorsement. This decision underscores the importance of ensuring that enterprise agreements meet all statutory requirements to protect the rights and interests of employees.

Epic Wright Heaton Pty Ltd T/A EWH Food Services

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established