DECISION

Fair Work Act 2009
s.185—Enterprise agreement

FreshFood Management Services Pty Ltd T/A FreshFood Management Services Pty Ltd
(AG2016/7081)

FRESH FOOD MANAGEMENT SERVICES PTY LTD AS A WHOLLY OWNED SUBSIDIARY OF FRESHFOOD AUSTRALIA HOLDINGS PTY LTD & THE NATIONAL UNION OF WORKERS, THE AUSTRALIAN MANUFACTURING WORKERS UNION & THE COMMUNICATIONS, ELECTRICAL, ELECTRONIC, ENERGY, INFORMATION, POSTAL, PLUMBING AND ALLIED SERVICES UNION OF AUSTRALIA ENTERPRISE AGREEMENT 2016

Food, beverages and tobacco manufacturing industry
COMMISSIONER GREGORY	MELBOURNE, 6 JANUARY 2017

Application for approval of the FreshFood Management Services Pty Ltd as a wholly owned subsidiary of FreshFood Holdings Pty Ltd & The National Union of Workers, The Australian Manufacturing Workers’ Union & The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the FreshFood Management Services Pty Ltd as a wholly owned subsidiary of FreshFood Holdings Pty Ltd & The National Union of Workers, The Australian Manufacturing Workers’ Union & The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia 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 FreshFood Management Services Pty Ltd T/A FreshFood Management Services Pty Ltd. The Agreement is a single enterprise agreement.

[2] The Applicant 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.

[3] 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.

[4] The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU), Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia and National Union of Workers being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) I note that the Agreement covers these organisations.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 13 January 2017. The nominal expiry date of the Agreement is 31 March 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case involved FreshFood Management Services Pty Ltd, trading as FreshFood Management Services Pty Ltd, and several unions, including The National Union of Workers, The Australian Manufacturing Workers’ Union, and The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia. The dispute arose from an application for approval of FreshFood Management Services Pty Ltd as a wholly owned subsidiary of FreshFood Holdings Pty Ltd under the relevant Enterprise Agreement 2016. The Fair Work Commission was the court that heard the case.

The primary legal issue that the court had to address was whether FreshFood Management Services Pty Ltd could be approved as a wholly owned subsidiary of FreshFood Holdings Pty Ltd, and if the proposed changes to the Enterprise Agreement 2016 were in accordance with the applicable legislation. The court had to consider whether the application met the necessary criteria for approval and if the proposed changes to the agreement were fair and reasonable, taking into account the interests of the employees and the employer.

The court, in its reasoning, found that FreshFood Management Services Pty Ltd fulfilled the necessary criteria to be approved as a wholly owned subsidiary of FreshFood Holdings Pty Ltd. The court also determined that the proposed changes to the Enterprise Agreement 2016 were fair and reasonable, taking into account the interests of both the employees and the employer. The court considered the evidence presented by both parties and assessed the merits of the case based on the applicable legislation and legal principles.

As a result of the court's decision, FreshFood Management Services Pty Ltd was approved as a wholly owned subsidiary of FreshFood Holdings Pty Ltd, and the proposed changes to the Enterprise Agreement 2016 were approved. The court's decision was based on the evidence and arguments presented by both parties and the applicable legislation and legal principles. This decision ensures that the interests of both the employees and the employer are protected and that the Enterprise Agreement 2016 is fair and reasonable for all parties involved.

FreshFood Management Services Pty Ltd T/A FreshFood Management Services Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established