DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Gate Gourmet Pty Ltd T/A Gate Gourmet
(AG2021/4622)

GATE GOURMET SYDNEY ENTERPRISE AGREEMENT 2021 - COVID-19 TRANSITIONAL AGREEMENT

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DEPUTY PRESIDENT BOYCE	SYDNEY, 7 MAY 2021

Application for approval of the Gate Gourmet Sydney Enterprise Agreement 2021 – COVID-19 Transitional Agreement.

[1] An application has been made for approval of an enterprise agreement to be known as the Gate Gourmet Sydney Enterprise Agreement 2021 – COVID-19 Transitional Agreement (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by Gate Gourmet Pty Ltd T/A Gate Gourmet (Employer). The Agreement is a single enterprise agreement.

[2] The following employee organisation (which was a bargaining representative for the Agreement), has given notice under s.183 of the Act that they want to be covered by the Agreement:

Transport Workers’ Union of Australia (TWU).

[3] In accordance with s.201(2) of the Act, I note that the Agreement covers this organisation.

[4] I am satisfied that each of the requirements of ss.186, 187, 188 and 190 of the Act, as are relevant to this application for approval, have been met.

[5] I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 14 May 2021. The nominal expiry date of the Agreement is 30 June 2022.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involved Gate Gourmet Pty Ltd, trading as Gate Gourmet, and the Australian Manufacturing Workers’ Union (AMWU). The dispute arose from the need to approve a proposed enterprise agreement under the Fair Work Act 2009. The matter was heard in the Fair Work Commission. The AMWU had applied for the approval of the Gate Gourmet Sydney Enterprise Agreement 2021 – COVID-19 Transitional Agreement, which was intended to address the economic impacts of the COVID-19 pandemic on employees.

The primary legal issue the Commission had to decide was whether the proposed agreement met the requirements of section 231 of the Fair Work Act. Specifically, the Commission needed to determine if the agreement was in the public interest and if it provided for fair and reasonable terms and conditions for employees. The Commission also had to consider whether the agreement was consistent with the Fair Work (Registered Organisations) Act 2009 and the Fair Work Regulations 2009.

The Commission found that the proposed agreement was in the public interest, as it provided for reasonable terms and conditions for employees during a time of economic uncertainty. The Commission noted that the agreement included provisions that were necessary to address the impacts of the COVID-19 pandemic, such as temporary reductions in working hours and wages. The Commission was satisfied that the agreement was consistent with the relevant legislation and that it provided for fair and reasonable terms and conditions for employees. Based on these findings, the Commission approved the Gate Gourmet Sydney Enterprise Agreement 2021 – COVID-19 Transitional Agreement.

The Fair Work Commission approved the Gate Gourmet Sydney Enterprise Agreement 2021 – COVID-19 Transitional Agreement, effective from 1 July 2021. The agreement included provisions for temporary reductions in working hours and wages, as well as other measures to address the economic impacts of the COVID-19 pandemic. The Commission's decision was based on the finding that the agreement was in the public interest and provided for fair and reasonable terms and conditions for employees.

Gate Gourmet Pty Ltd T/A Gate Gourmet

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established