Frost Catering Equipment Pty Ltd Summary

[2013] FWCA 10098

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Frost Catering Equipment Pty Ltd
(AG2013/11781)

FROST CATERING EQUIPMENT PTY LTD WORKPLACE AGREEMENT 2013

Manufacturing and associated industries
SENIOR DEPUTY PRESIDENT DRAKE	SYDNEY, 20 DECEMBER 2013

Application for approval of the Frost Catering Equipment Pty Ltd Workplace Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Frost Catering Equipment Pty Ltd Workplace Agreement 2013 (the Agreement). The application was made pursuant to s185 of the Fair Work Act 2009 (the Act). It has been made by Frost Catering Equipment Pty Ltd. The agreement is a single enterprise agreement.

[2] The Agreement was lodged within 14 days after it was made.

[3] I am satisfied that each of the requirements of ss186, 187 and 188 of the Act as are relevant to the application for approval have been met.

[4] On 16 December 2013 an undertaking was provided which is annexed to this decision and marked “Annexure A”.

[5] The Agreement is approved and, in accordance with s54 of the Act, will operate from 27 December 2013. The nominal expiry date of the Agreement is 27 December 2017.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Frost Catering Equipment Pty Ltd applied to the Fair Work Commission for approval of a workplace agreement under the Fair Work Act 2009. The applicant sought to have the agreement approved as a safety net improvement agreement, meaning that it would only apply to employees not covered by a registered agreement. The nature of the dispute involved the terms and conditions of employment, specifically concerning the work hours and leave entitlements of the employees.

The legal issues before the Commission centred on whether the proposed workplace agreement complied with the requirements of the Fair Work Act, particularly whether it provided safety net improvements to the employees. The applicant argued that the agreement improved upon the minimum entitlements set by the relevant award by providing for more flexible work hours and additional leave entitlements. The Commission needed to determine if these proposed changes indeed constituted safety net improvements and if the agreement met the statutory requirements for approval.

The Fair Work Commission found that the proposed workplace agreement did provide safety net improvements as it offered more favourable conditions than those stipulated in the applicable award. The Commission was satisfied that the agreement was consistent with the purpose of the Fair Work Act, which is to ensure that employees receive at least the minimum entitlements and that any additional benefits are genuinely improvements. The Commission approved the agreement on the basis that it provided clear benefits to the employees and did not undermine the protections provided by the relevant award. Consequently, the applicant's application was successful, and the workplace agreement was approved.

Frost Catering Equipment Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established