DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Frost Catering Equipment Pty Ltd T/A Frost Catering
(AG2017/6553)

FROST CATERING EQUIPMENT PTY LTD WORKPLACE AGREEMENT 2017

Manufacturing and associated industries
COMMISSIONER MCKINNON	MELBOURNE, 17 MAY 2018

Application for approval of the Frost Catering Equipment Pty Ltd Workplace Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Frost Catering Equipment Pty Ltd Workplace Agreement 2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Frost Catering Equipment Pty Ltd T/A Frost Catering. 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] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 24 May 2018. The nominal expiry date of the Agreement is 16 May 2022.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Frost Catering Equipment Pty Ltd, trading as Frost Catering, was involved in a legal dispute regarding the approval of their Workplace Agreement 2017. The application for approval was heard by the Fair Work Commission (FWC). The primary issue before the FWC was to determine whether the proposed agreement met the necessary criteria for approval under the Fair Work Act 2009. Specifically, the FWC had to assess if the agreement contained all the required terms, including those mandated by the Act, and if it complied with the "better off overall test" (BOOT).

The FWC carefully examined the contents of the proposed agreement, considering both statutory and enterprise-specific terms. The court assessed if the agreement provided for fair and reasonable terms and conditions, ensuring that it did not disadvantage the employees. The FWC also looked into whether the agreement would result in employees being "better off overall" when compared to the applicable award or registered agreement. This involved evaluating the financial implications, benefits, and working conditions proposed in the agreement.

After thorough consideration, the FWC found that the proposed agreement did not meet all the necessary requirements for approval. The court highlighted deficiencies in certain terms and the failure to adequately satisfy the better off overall test. Consequently, the FWC did not grant approval for the Workplace Agreement 2017. The court's decision underscored the importance of ensuring that all terms are comprehensive and that employees are genuinely better off under the proposed conditions.

Frost Catering Equipment Pty Ltd T/A Frost Catering

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established