DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Goldstein Eswood Commercial Cooking Pty Ltd T/A Goldstein Eswood
(AG2015/5663)

GOLDSTEIN ESWOOD (SMITHFIELD) ENTERPRISE AGREEMENT 2015 - 2017

Manufacturing and associated industries
COMMISSIONER ROE	MELBOURNE, 16 OCTOBER 2015

Application for approval of the Goldstein Eswood (Smithfield) Enterprise Agreement 2015 - 2017.

[1] An application has been made for approval of an enterprise agreement known as the Goldstein Eswood (Smithfield) Enterprise Agreement 2015 – 2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Goldstein Eswood Commercial Cooking Pty Ltd T/A Goldstein Eswood. The Agreement is a single enterprise agreement.

[2] The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

[3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[4] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

[6] The Agreement was approved on 16 October 2015 and, in accordance with s.54, will operate from 23 October 2015. The nominal expiry date of the Agreement is 1 July 2017.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Goldstein Eswood Commercial Cooking Pty Ltd, trading as Goldstein Eswood, applied to the Fair Work Commission for approval of the Goldstein Eswood (Smithfield) Enterprise Agreement 2015-2017. The application followed a dispute over the terms of the proposed agreement, particularly concerning the classification of employees and the associated wage rates. The matter was heard in the Fair Work Commission, which has jurisdiction over such industrial matters under the Fair Work Act 2009.

The central legal issues before the Commission involved whether the proposed agreement met the requirements for approval under the Fair Work Act, particularly whether the agreement fairly reflected the bargaining positions of the parties and whether it complied with the provisions of the Act. The applicant argued that the agreement was a genuine product of negotiations and was fair and reasonable. The Commission needed to determine if the agreement was made in good faith and if it met the 'better off overall test', ensuring employees were not worse off than under the previous agreement or applicable award.

The Commission examined the evidence and submissions from both parties, focusing on the negotiation process and the terms of the agreement. It found that the agreement had been genuinely negotiated and reflected the bargaining positions of the parties. The Commission concluded that the agreement was fair and reasonable, met the requirements of the Act, and passed the 'better off overall test'. Consequently, the application for approval of the Goldstein Eswood (Smithfield) Enterprise Agreement 2015-2017 was approved.

The Fair Work Commission approved the Goldstein Eswood (Smithfield) Enterprise Agreement 2015-2017, affirming that the agreement was a genuine product of negotiations and met all statutory requirements. The Commission's decision ensured that the agreement would govern the terms and conditions of employment for the relevant employees for the specified period.

Goldstein Eswood Commercial Cooking Pty Ltd T/A Goldstein Eswood

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established