DECISION

Fair Work Act 2009
s.185—Enterprise agreement

RFK Pty Limited T/A Community Chef
(AG2016/4166)

RFK MEAL PRODUCTION AGREEMENT 2016 - 2018

Food, beverages and tobacco manufacturing industry
COMMISSIONER LEE	MELBOURNE, 27 SEPTEMBER 2016

Application for approval of the RFK Meal Production Agreement 2016 - 2018.

[1] An application has been made for approval of an enterprise agreement known as the RFK Meal Production Agreement 2016 - 2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by RFK Pty Limited T/A Community Chef. 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] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[4] The Australian Municipal, Administrative, Clerical and Services Union 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 4 October 2016. The nominal expiry date of the Agreement is 30 June 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the matter of RFK Pty Limited trading as Community Chef, the Federal Court was presented with an application for the approval of a meal production agreement spanning the years 2016 to 2018. The primary dispute centred around whether the proposed agreement met the necessary criteria under the Fair Work Act 2009. The applicant sought to ensure the agreement would facilitate a fair and efficient operational framework for meal production services provided to various entities, including educational institutions and healthcare facilities.

The court was tasked with determining whether the proposed agreement complied with the requirements set forth by the Fair Work Act, specifically focusing on its fairness and the extent to which it adhered to the principles of enterprise bargaining. Critical issues included whether the agreement provided for fair and efficient terms and conditions for employees, and whether it complied with the statutory provisions governing enterprise agreements. Additionally, the court had to assess the procedural fairness of the agreement-making process, ensuring that all relevant stakeholders, particularly employees, had been adequately consulted.

After carefully reviewing the application and the documentation provided, the court found that the proposed agreement was fair and efficient, meeting all statutory requirements. The court determined that the agreement was appropriately negotiated and represented the interests of all parties involved. The terms of the agreement were deemed reasonable and in line with the principles of enterprise bargaining. Consequently, the court approved the RFK Meal Production Agreement 2016 - 2018, allowing it to take effect as intended. This approval ensures that the agreement will provide a fair and efficient framework for meal production services across the specified period.

RFK Pty Limited T/A Community Chef

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established