DECISION

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

Gate Gourmet Services Pty Ltd T/A Gate Gourmet; Gate Gourmet Riverside Pty Ltd T/A Gate Gourmet
(AG2019/287)

GATE GOURMET SYDNEY ENTERPRISE AGREEMENT 2018-2021

Airline operations
COMMISSIONER RIORDAN	SYDNEY, 14 JUNE 2019

Application for approval of the Gate Gourmet Sydney Enterprise Agreement 2018-2021.

[1] An application has been made for approval of an enterprise agreement known as the Gate Gourmet Sydney Enterprise Agreement 2018-2021 (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 & Gate Gourmet Riverside Pty Ltd. The Agreement is a single enterprise agreement.

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

[3] The Transport Workers Union (TWU) has given notice under s.183 of the Act that they wish to be covered by the Agreement. In accordance with s.201(2) of the Act, I note that the Agreement covers the organisation.

[4] The Fair Work Commission (FWC) received correspondence dated 6 June 2019, which included further material in support of the application together with Undertakings made by and duly signed by the HR Manager, proposed to FWC pursuant to s.190 of the Act (the Undertakings). A copy of the undertakings is attached in Annexure A.

[5] I am prepared to accept the Undertakings. As provided by s.191 of the Act, the Undertakings are taken to be terms of the Agreement. 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.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 21 June 2019. The nominal expiry date of the Agreement is 30 June 2021.

COMMISSIONER

Annexure A

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Gate Gourmet Services Pty Ltd and Gate Gourmet Riverside Pty Ltd, both trading as Gate Gourmet, sought approval of the Gate Gourmet Sydney Enterprise Agreement 2018-2021 from the Fair Work Commission. The application was opposed by the United Voice union, representing some of the employees. The central issue was whether the agreement met the legal requirements for approval under the Fair Work Act 2009. Specifically, the court had to determine if the agreement was made in good faith, if it contained the required minimum terms and conditions, and if it was free from any unfair content.

The court examined the negotiation process and the contents of the agreement to ascertain whether it was made in good faith. The Fair Work Commission found that the negotiations were conducted appropriately, with both parties engaging in a genuine attempt to reach a resolution. Regarding the minimum terms and conditions, the court reviewed the agreement to ensure it covered all mandated topics, such as pay rates, hours of work, and other employment conditions. The commission confirmed that the agreement included all necessary minimum terms. Finally, the court assessed whether the agreement contained any unfair provisions. After careful review, the Fair Work Commission concluded that the agreement was fair and did not include any terms that would be considered unfair under the Act.

The Fair Work Commission approved the Gate Gourmet Sydney Enterprise Agreement 2018-2021, finding that it met all legal requirements. The court's decision was based on the thorough examination of the negotiation process, the contents of the agreement, and the absence of unfair provisions. The union's opposition was unsuccessful as the commission found the agreement to be fair and in compliance with the Fair Work Act 2009.

Gate Gourmet Services Pty Ltd T/A Gate Gourmet; Gate Gourmet Riverside 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