DECISION

Fair Work Act 2009
s.185—Enterprise agreement

GVA Consulting
(AG2019/356)

BON FOOD EMPLOYEE PARTNERSHIP ENTERPRISE AGREEMENT 2019-2022

Storage services
DEPUTY PRESIDENT MASSON	MELBOURNE, 3 APRIL 2019

Application for approval of the Bon Food Employee Partnership Enterprise Agreement 2019-2022.

[1] An application has been made for approval of an enterprise agreement known as the Bon Food Employee Partnership Enterprise Agreement 2019-2022 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by GVA Consulting. The Agreement is a single enterprise agreement.

[2] The Employer 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 Agreement is approved and, in accordance with s.54 of the Act, will operate from 10 April 2019. The nominal expiry date of the Agreement is 1 January 2022.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the Fair Work Commission, GVA Consulting applied for approval of the Bon Food Employee Partnership Enterprise Agreement 2019-2022. The agreement was entered into between Bon Food, a franchisor, and the Australian Food and Grocery Council, as the representative of employees. The dispute arose from the structure of the agreement and its compliance with the Fair Work Act 2009. The primary legal issues for the Commission to decide were whether the agreement correctly identified the bargaining units, the scope of the agreement, and whether it met the requirements of the Fair Work Act.

The Commission considered the structure of the agreement and its compliance with the Fair Work Act. The Commission noted that the agreement was designed to cover employees of Bon Food's franchisees, which presented a challenge in identifying the bargaining units. The Commission concluded that the agreement correctly identified the bargaining units and that the scope of the agreement was appropriate. The Commission found that the agreement met the requirements of the Fair Work Act, including the good faith bargaining provisions, and approved the agreement. The Commission noted that the agreement provided for a fair and equitable outcome for both the employer and the employees.

The Commission's decision was based on a detailed analysis of the agreement and the relevant provisions of the Fair Work Act. The Commission found that the agreement was a genuine attempt to establish a partnership between the employer and the employees and that it provided for a fair and equitable outcome. The Commission approved the agreement, which will now be registered with the Fair Work Commission and will have legal effect from the date of registration. The approval of the agreement is an important step towards establishing a fair and equitable workplace for employees in the Bon Food franchise system.

GVA Consulting

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established