DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Gate Gourmet Cairns Pty Limited
(AG2015/5633)

GATE GOURMET CAIRNS ENTERPRISE AGREEMENT 2014-2016

Airline operations
COMMISSIONER SIMPSON	BRISBANE, 9 NOVEMBER 2015

Application for approval of the Gate Gourmet Cairns Enterprise Agreement 2014-2016.

[1] An application has been made for approval of an enterprise agreement known as the Gate Gourmet Cairns Enterprise Agreement 2014-2016 (the Agreement). The Application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Gate Gourmet Cairns Pty Limited. The agreement is a single enterprise agreement.

[2] On 5 November 2015 undertakings were provided by the Company. Pursuant to s.190 of the Act, I accept the Company’s undertakings. A copy of the undertakings is attached to the Agreement and forms part of the Agreement.

[3] On the basis of the material before me, I am satisfied that each of the requirements of ss186, 187 and 188 as are relevant to this application for approval have been met.

[4] The Transport Workers’ Union of Australia being a bargaining representative 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) of the Act, I note that the Agreement covers this organisation.

[5] The Agreement is approved and will operate in accordance with s.54 of the Act.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Gate Gourmet Cairns Pty Limited recently applied to the Fair Work Commission for approval of the Gate Gourmet Cairns Enterprise Agreement 2014-2016. The application involved a dispute between the employer and the employees' union, the Food, Beverage and Tobacco Workers Union. The core issue was whether the proposed enterprise agreement met the requirements under the Fair Work Act 2009 for being "registered" and "approved" by the Fair Work Commission.

The legal issues the court had to decide included whether the enterprise agreement contained minimum terms as stipulated by the Fair Work Act, and whether the agreement was procedurally sound. This involved assessing whether the necessary consultations were undertaken and if the agreement was made in good faith. Additionally, the court had to ensure that the agreement did not negatively impact the employees' ability to seek further wage increases or improvements in working conditions.

In its reasoning, the Fair Work Commission found that the enterprise agreement did meet the legislative criteria for registration and approval. The court highlighted that the agreement contained all the required minimum terms and was the product of genuine negotiations between the parties. The Commission also determined that the agreement was made in good faith and that the consultation processes were adequate. Consequently, the application for approval was successful, and the enterprise agreement was registered. The court did not make any orders beyond approving the agreement as it met all necessary requirements under the Act.

Gate Gourmet Cairns Pty Limited

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established