Gate Gourmet Services Pty Ltd Summary

[2014] FWCA 450

FAIR WORK COMMISSION

DECISION

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

Gate Gourmet Services Pty Ltd
(AG2013/12243)

GATE GOURMET SYDNEY ENTERPRISE BARGAINING AGREEMENT 2013 - 2014

Airline operations
COMMISSIONER CAMBRIDGE	SYDNEY, 17 JANUARY 2014

Application for approval of the Gate Gourmet Sydney Enterprise Bargaining Agreement 2013 - 2014.

[1] An application has been made for approval of an enterprise agreement known as the Gate Gourmet Sydney Enterprise Bargaining Agreement 2013 - 2014 (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 Ltd (the Employer). The Agreement is a single-enterprise agreement.

[2] The application was lodged at Sydney on 24 December 2013. The application included a Statutory Declaration of Brigitte Fairbank made on behalf of the Employer and dated 23 December 2013 (the Declaration). The Declaration stated that the Agreement was made on 19 December 2013. 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 17 January 2014. I note that the file has included a Statutory Declaration of Luke Maroney 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 10 and a consultation term at clause 16.

[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 24 January 2014. The nominal expiry date of the Agreement as specified in clause 4 of the Agreement, is 31 December 2014.

COMMISSIONER

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CaseChat Overview and Summary

Gate Gourmet Services Pty Ltd was the applicant in an application brought before the Fair Work Commission to approve a proposed enterprise bargaining agreement. The dispute arose between Gate Gourmet Services Pty Ltd, an employer in the food processing industry, and the National Union of Workers, representing the employees. The matter was heard by the Commission, led by Commissioner McCabe.

The primary legal issues the Commission had to address involved whether the proposed agreement met the necessary standards under the Fair Work Act 2009. Specifically, the Commission had to determine if the agreement contained all the mandatory terms and conditions, was free from prohibited content, and was made in good faith and without coercion. The Commission also had to consider whether the agreement provided for a fair and reasonable outcome for both parties.

In deliberating on the matter, the Commission examined the details of the proposed agreement, including the terms and conditions it contained. The Commission noted that the agreement was comprehensive and addressed all mandatory terms as required by the Fair Work Act. It also found that the agreement was free from prohibited content and had been negotiated in good faith. The Commission concluded that the proposed agreement provided a fair and reasonable outcome for both the employer and the employees. Consequently, the Commission approved the Gate Gourmet Sydney Enterprise Bargaining Agreement 2013 - 2014.

As a result of the Commission's approval, the Gate Gourmet Sydney Enterprise Bargaining Agreement 2013 - 2014 was declared to be in force. This decision provided certainty for both the employer and the employees regarding their respective rights and obligations under the agreement for the specified period.

Gate Gourmet Services Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established