Fresh To Go Foods Pty Ltd T/A Fresh To Go Foods

[2023] FWCA 2650

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

Fresh To Go Foods Pty Ltd T/A Fresh To Go Foods

(AG2023/2564)

Fresh to Go Foods Pty Ltd (Victorian Drivers) Enterprise Agreement 2023
[AE521201]

COMMISSIONER LEE

MELBOURNE, 22 AUGUST 2023

Application for approval of the Fresh to Go Foods Pty Ltd (Victorian Drivers) Enterprise Agreement 2023

An application has been made for approval of an enterprise agreement known as the Fresh to Go Foods Pty Ltd (Victorian Drivers) Enterprise Agreement 2023 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made Fresh To Go Foods Pty Ltd trading as Fresh To Go Foods. The Agreement is a single enterprise agreement.

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.

The Transport Workers Union of Australia (Vic/Tas Brach) 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 29 August 2023. The nominal expiry date of the Agreement is 31 July 2026.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Fresh To Go Foods Pty Ltd, trading as Fresh To Go Foods, recently applied to the Fair Work Commission for approval of their proposed enterprise agreement for drivers in Victoria. The agreement aimed to establish the terms and conditions of employment for the drivers, including wages, hours of work, and other employment-related matters. The Fair Work Commission, exercising its powers under the Fair Work Act 2009, was tasked with determining whether the agreement met the necessary criteria for approval.

The legal issues before the Commission centred on whether the agreement complied with the statutory requirements outlined in the Fair Work Act. Specifically, the Commission had to consider if the agreement provided for the proper operation of businesses, maintained a fair and efficient workplace, and adhered to the relevant provisions of the National Employment Standards. Additionally, the Commission assessed whether the agreement was made without coercion, undue influence, or in a manner that was procedurally fair.

In delivering its decision, the Commission found that the proposed enterprise agreement met the statutory requirements. The agreement was deemed to promote the proper operation of businesses and maintain a fair and efficient workplace. The Commission was satisfied that the agreement provided for appropriate wages, working hours, and other conditions of employment, and that it was made without any coercion or undue influence. Furthermore, the Commission concluded that the agreement was procedurally fair, having been made in consultation with the drivers and their representatives. Accordingly, the Commission approved the Fresh To Go Foods Pty Ltd (Victorian Drivers) Enterprise Agreement 2023.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established