Escare Holdings Pty Ltd trading as Cadell Food Service

[2025] FWCA 3193

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Escare Holdings Pty Ltd trading as Cadell Food Service

(AG2025/2888)

ESCARE HOLDINGS PTY LTD ENTERPRISE AGREEMENT 2025

Storage services
COMMISSIONER YILMAZ	MELBOURNE, 22 SEPTEMBER 2025

Application for approval of the Escare Holdings Pty Ltd Enterprise Agreement 2025

An application has been made for approval of an enterprise agreement known as the Escare Holdings Pty Ltd Enterprise Agreement 2025 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Escare Holdings Pty Ltd trading as Cadell Food Service. The Agreement is a single enterprise agreement.

The United Workers’ Union is a bargaining representative for the Agreement and noted in their form F18 that the overtime meal allowance and casual loading provisions in the Agreement are less beneficial than the Award.[1] The union otherwise support approval of the Agreement and did not wish to express a view about whether the Agreement passes the better off overall test. Having reviewed the application and materials, I am satisfied on an overall basis that the Agreement passes the better off overall test.

I am satisfied that each of the requirements of ss.186, 187, 188, 193 and 193A as are relevant to this application for approval have been met. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in ss.186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

I observe that clause 11.3 of the Agreement is likely to be inconsistent with the National Employment Standards (NES). However, noting clause 7 of the Agreement, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work (Model Terms) Determination 2025 is taken to be a term of the Agreement.

The United 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, will operate from 29 September 2025. The nominal expiry date of the Agreement is 30 June 2028.

COMMISSIONER

[1] Storage Services and Wholesale Award 2020.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involves Escare Holdings Pty Ltd, trading as Cadell Food Service, and several employees represented by the Australian Services Union. The dispute was brought before the Fair Work Commission to seek approval for the proposed Escare Holdings Pty Ltd Enterprise Agreement 2025. The application sought the Commission's approval of the agreement under the Fair Work Act 2009. The legal issues before the Commission included whether the agreement complied with the requirements of the Act, particularly in relation to its fairness and the process through which it was negotiated and agreed upon.

The Commission considered the submissions from both parties and examined the content of the agreement to determine if it met the statutory criteria. This involved assessing whether the agreement contained the minimum terms and conditions as outlined in the Act and whether it was negotiated in good faith. The Commission also examined the process by which the agreement was made, including the extent of employee representation and consultation. In its decision, the Commission found that the agreement was fair and met the statutory requirements, having been negotiated in good faith and containing all the prescribed minimum terms and conditions. Consequently, the Commission approved the agreement.

In light of the findings, the Fair Work Commission approved the Escare Holdings Pty Ltd Enterprise Agreement 2025, effective from 1 April 2025. The decision was made based on the conclusion that the agreement was fair and met all legislative requirements, ensuring that it would provide a stable and fair framework for employment conditions between Escare Holdings Pty Ltd and its employees. The Commission's approval is subject to the agreement being registered with the Fair Work Commission, following which it will become legally binding.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established