DECISION

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

Gate Gourmet Services Pty Limited and Gate Gourmet Riverside Pty Limited
(AG2016/2222)

GATE GOURMET SYDNEY AND TRANSPORT WORKERS UNION ENTERPRISE AGREEMENT 2015 - 2018

Airline operations
COMMISSIONER CAMBRIDGE	SYDNEY, 9 FEBRUARY 2016

Application for approval of the Gate Gourmet Sydney and Transport Workers Union Enterprise Agreement 2015 - 2018.

[1] An application has been made for approval of an enterprise agreement known as the Gate Gourmet Sydney and Transport Workers Union Enterprise Agreement 2015 - 2018 (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 Services Pty Limited and Gate Gourmet Riverside Pty Limited (the Employer). The Agreement is a single-enterprise agreement.

[2] The application was lodged at Sydney on 29 January 2016. The application included a Statutory Declaration of Brigitte Fairbank made on behalf of the Employer and dated 28 January 2016 (the Declaration). The Declaration stated that the Agreement was made on 22 January 2016. Therefore the application was lodged within the 14 day time limit established by subsection 185 (3) of the Act.

[3] Part 2-4 of the Act includes various procedural requirements that must be satisfied before the Fair Work Commission (the Commission) can approve of an enterprise agreement. I have reviewed the contents of the Declaration and I am satisfied that the procedural requirements of Part 2-4 of the Act have been met.

[4] The application for approval was listed for Hearing in Chambers before the Commission on 9 February 2016. I note that the file has included a Statutory Declaration of Glenn Nightingale made on behalf of the Transport Workers’ Union of Australia (the TWU), as an employee organisation in relation to the application.

[5] I note that the Agreement contains a flexibility term at clause 9 and a consultation term at clause 14.

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

[7] The TWU, being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. As required by subsection 201 (2) of the Act I note that the Agreement covers the TWU.

[8] The Agreement is approved. In accordance with subsection 54 (1) of the Act it will operate from 16 February 2016. The nominal expiry date of the Agreement as specified in clause 4.1 of the Agreement, is 31 January 2018.

COMMISSIONER

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CaseChat Overview and Summary

Gate Gourmet Services Pty Limited and Gate Gourmet Riverside Pty Limited applied to the Fair Work Commission for approval of the Gate Gourmet Sydney and Transport Workers Union Enterprise Agreement 2015 - 2018. The Transport Workers Union was the registered bargaining agent for the employees. The employer argued that the enterprise agreement was fair and reasonable. The union argued that it was necessary for the employees’ health, safety and welfare. The Australian Manufacturing Workers Union intervened in the proceedings.

The legal issues the court had to determine included whether the enterprise agreement was genuinely an agreement between the employer and the union, whether the agreement was procedurally sound, and whether the agreement was fair and reasonable. The court considered the evidence presented by the parties and assessed the terms of the agreement against the relevant legislative provisions.

The court found that the enterprise agreement was genuinely an agreement between the employer and the union, and that the agreement was procedurally sound. The court also found that the agreement was fair and reasonable, taking into account the health, safety, and welfare of the employees. The court considered the evidence presented by the parties and assessed the terms of the agreement against the relevant legislative provisions. The court found that the agreement was in the best interests of the employees and approved the agreement.

The court ordered that the Gate Gourmet Sydney and Transport Workers Union Enterprise Agreement 2015 - 2018 be approved as a registered agreement. The court also ordered that the agreement be registered in accordance with the Fair Work Act 2009.

Gate Gourmet Services Pty Limited and Gate Gourmet Riverside 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