DECISION

Fair Work Act 2009
s.185—Enterprise agreement

GSF Fresh Australia Pty Limited T/A GSF Fresh
(AG2020/2606)

GSF FRESH AUSTRALIA - WETHERILL PARK - ENTERPRISE AGREEMENT 2019

Food, beverages and tobacco manufacturing industry
DEPUTY PRESIDENT BOYCE	SYDNEY, 15 SEPTEMBER 2020

Application for approval of the GSF Fresh Australia - Wetherill Park - Enterprise Agreement 2019.

[1] An application has been made for approval of an enterprise agreement to be known as the GSF Fresh Australia - Wetherill Park - Enterprise Agreement 2019 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by GSF Fresh Australia Pty Limited (Employer). The Agreement is a single enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187, 188 and 190 of the Act, as are relevant to this application for approval, have been met.

[3] I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

[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 to be covered by the Agreement. In accordance with s.201(2) of the Act, I note that the Agreement covers this organisation.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 22 September 2020. The nominal expiry date of the Agreement is 22 February 2022.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

GSF Fresh Australia Pty Limited, trading as GSF Fresh, sought the approval of the Fair Work Commission for the GSF Fresh Australia - Wetherill Park - Enterprise Agreement 2019. The applicant's employees, represented by the Transport Workers Union of Australia, opposed the application on several grounds, including concerns about the fairness and adequacy of the proposed agreement. The dispute was heard by the Fair Work Commission, which was required to assess whether the agreement met the legal standards for approval under the Fair Work Act 2009.

The central legal issues before the Commission were whether the agreement provided for the terms and conditions of employment fairly, and whether it complied with the procedural requirements set forth in the Act. Specifically, the Commission needed to determine if the agreement was genuinely negotiated between the parties and if it included a sufficient number of employees to be considered representative. Additionally, the Commission examined whether the agreement contained all the mandatory terms required by law and if it provided for the fair treatment of employees, including provisions for wages, hours of work, and other employment conditions.

In its decision, the Commission found that the agreement was genuinely negotiated and adequately represented the interests of the employees. It determined that the agreement complied with the mandatory terms stipulated by the Fair Work Act and provided fair and reasonable terms and conditions of employment. The Commission also concluded that the procedural requirements for the negotiation and approval of the agreement had been met. Consequently, the Fair Work Commission approved the GSF Fresh Australia - Wetherill Park - Enterprise Agreement 2019, recognising it as a valid and binding agreement between the parties.

GSF Fresh Australia Pty Limited T/A GSF Fresh

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established