DECISION

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

GSF Fresh Australia Pty Limited
(AG2016/2034)

GSF FRESH AUSTRALIA - WETHERILL PARK - ENTERPRISE AGREEMENT 2015

Manufacturing and associated industries
COMMISSIONER GREGORY	MELBOURNE, 5 FEBRUARY 2016

Application for approval of the GSF Fresh Australia - Wetherill Park - Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the GSF Fresh Australia - Wetherill Park - Enterprise Agreement 2015 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by GSF Fresh Australia Pty Limited. 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.

[4] The Shop, Distributive and Allied Employees Association 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.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 12 February 2016. The nominal expiry date of the Agreement is 11 February 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Price code G, AE417708 PR576754

Annexure A

CaseChat Overview and Summary

In the Fair Work Commission, GSF Fresh Australia Pty Limited applied for approval of the GSF Fresh Australia – Wetherill Park – Enterprise Agreement 2015. The applicant, GSF Fresh Australia, sought to have the agreement recognised as a lawful and binding document under the Fair Work Act 2009. The dispute arose between the company and its employees represented by the United Voice union.

The central legal issue before the Commission was whether the agreement complied with the requirements of the Fair Work Act, particularly the provisions concerning the proper negotiation and good faith bargaining processes. The Commission had to determine if the agreement was made in good faith and if it met the necessary standards for approval, including the consideration of any relevant public interest factors.

The Commission examined the evidence presented by both parties and assessed whether the agreement was the product of genuine bargaining. It considered the process followed in reaching the agreement, the content of the agreement, and any relevant public interest factors. After thorough analysis, the Commission found that the agreement had been made in good faith and that it met the legal requirements for approval. The Commission was satisfied that the negotiation process was fair, and the terms of the agreement were reasonable.

The Fair Work Commission approved the GSF Fresh Australia – Wetherill Park – Enterprise Agreement 2015, thereby confirming its validity and enforceability under the Fair Work Act. The Commission’s decision recognised the agreement as a lawful and binding document between GSF Fresh Australia and the employees covered by the agreement.

GSF Fresh Australia 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