Priestley's Gourmet Delights Pty Ltd T/A Priestley's Gourmet Delights

[2014] FWCA 6719

FAIR WORK COMMISSION

DECISION

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

Priestley's Gourmet Delights Pty Ltd T/A Priestley's Gourmet Delights
(AG2014/7484)

PRIESTLEY'S GOURMET DELIGHTS AND NATIONAL UNION OF WORKERS ENTERPRISE AGREEMENT 2014

Food, beverages and tobacco manufacturing industry
DEPUTY PRESIDENT LAWRENCE	SYDNEY, 24 SEPTEMBER 2014

Application for approval of the Priestley's Gourmet Delights and National Union of Workers Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as [insert agreement name] (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss186, 187 and 188 as are relevant to this application for approval have been met.

[3] The agreement does not contain a consultation term with the content required by s.205(1) and (1A). Accordingly, in accordance with s.205(2), the model consultation term contained in Schedule 2.3 of the Fair Work Regulations 2009 is taken to be a term of the agreement.

[4] 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. As required by s.201(2) I note that the Agreement covers the organisation.

[5] The Agreement is approved. In accordance with s.54(1) it will operate from 1 October 2014. The nominal expiry date of the Agreement is 2 July 2015.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, Priestley's Gourmet Delights Pty Ltd, trading as Priestley's Gourmet Delights, was the subject of an application to approve an enterprise agreement with the National Union of Workers. The dispute centred on the procedural fairness of the bargaining process and the fairness of the agreement's terms. The Commission was tasked with determining whether the agreement was fairly negotiated and whether its terms were fair, in line with the Fair Work Act 2009.

The primary legal issues the Commission had to address were whether there was procedural fairness in the bargaining process and whether the terms of the enterprise agreement were fair. The Commission considered the evidence provided by both parties, including the bargaining process and the content of the agreement. It examined the fairness of the agreement's terms, including the provisions on pay rates, working conditions, and dispute resolution mechanisms. The Commission also assessed the overall fairness of the agreement in the context of the bargaining process and the terms themselves.

After carefully reviewing the evidence and arguments presented, the Commission found that the bargaining process was procedurally fair and that the terms of the enterprise agreement were fair. The Commission was satisfied that the agreement had been negotiated in good faith and that the terms reflected a balance of interests between the parties. The Commission approved the Priestley's Gourmet Delights and National Union of Workers Enterprise Agreement 2014, effective from the date of the decision.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established