DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Priestley’s Gourmet Delights
(AG2017/3891)

PRIESTLEY’S GOURMET DELIGHTS AND NATIONAL UNION OF WORKERS ENTERPRISE AGREEMENT 2017

Food, beverages and tobacco manufacturing industry
COMMISSIONER MCKINNON	MELBOURNE, 8 DECEMBER 2017

Application for approval of the Priestley’s Gourmet Delights and National Union of Workers Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Priestley’s Gourmet Delights and National Union of Workers Enterprise Agreement 2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Priestley’s Gourmet Delights. The Agreement is a single enterprise agreement.

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

[3] The National Union of Workers 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.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 15 December 2017. The nominal expiry date of the Agreement is 11 July 2017.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The parties involved in this case were Priestley’s Gourmet Delights, the employer, and the National Union of Workers, the employee representative. The dispute arose from an application for the approval of the Priestley’s Gourmet Delights and National Union of Workers Enterprise Agreement 2017. The application was heard in the Fair Work Commission of Australia.

The legal issues the court needed to address centred on whether the proposed enterprise agreement complied with the relevant statutory provisions. This included ensuring that the agreement met the requirements for good faith bargaining, covered the appropriate bargaining unit, and contained terms that were fair and reasonable. The court also had to consider whether the agreement provided for adequate consultation and notice processes.

In its reasoning, the court found that the agreement was made in good faith and covered the appropriate bargaining unit. It further held that the terms of the agreement were fair and reasonable, taking into account the economic and operational circumstances of the employer. The court was satisfied that the agreement provided for adequate consultation and notice processes, and that the employees had been given a fair opportunity to participate in the bargaining process. As a result, the court approved the enterprise agreement.

The Fair Work Commission ordered the approval of the Priestley’s Gourmet Delights and National Union of Workers Enterprise Agreement 2017, effective from the date of the decision. The agreement was to be registered with the Fair Work Commission, and the employer and the union were required to comply with its terms. The decision set a precedent for similar cases and provided guidance on the requirements for an approved enterprise agreement.

Priestley’s Gourmet Delights

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established