Sunfresh Services Pty Ltd

[2022] FWCA 4479

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

Sunfresh Services Pty Ltd

(AG2022/3871)

Sunfresh Employee Agreement 2021

Dry cleaning and laundry services
COMMISSIONER SPENCER	BRISBANE, 19 DECEMBER 2022

Application for approval of the Sunfresh Employee Agreement 2021

An application has been made for approval of an enterprise agreement known as the Sunfresh Employee Agreement 2021 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Sunfresh Services Pty Ltd (the Applicant). The Agreement is a single enterprise agreement.

Submissions and modelling were received from the Applicant regarding the pre-approval requirements and BOOT issues. These submissions resolved the outstanding issues with the Agreement.

Subject to matters that have been addressed by way of an undertaking, I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

As noted, pursuant to s.190(3), I have accepted an undertaking from the employer. In accordance with ss.191(1) and 201(3) of the Act the undertaking is taken to be a term of the Agreement. A copy of the undertaking is attached to the Agreement.

The Construction, Forestry, Maritime, Mining and Energy Union (CFMMEU) 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.

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.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 26 December 2022. The nominal expiry date of the Agreement is 26 December 2026.

COMMISSIONER

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CaseChat Overview and Summary

The applicant, Sunfresh Services Pty Ltd, sought the court's approval of a new enterprise agreement, the Sunfresh Employee Agreement 2021. The dispute was heard in the Fair Work Commission, where the applicant argued that the agreement was in the best interests of the employees and should be approved. The applicant contended that the agreement provided for better terms and conditions for the employees and would foster a more productive and harmonious workplace.

The legal issues before the court involved determining whether the agreement was in the best interests of the employees, considering factors such as the agreement's impact on the employees' financial and non-financial conditions, the degree to which the agreement facilitated the improvement of workplace relations, and whether the agreement contained appropriate dispute resolution mechanisms. Additionally, the court needed to assess whether the agreement was fairly negotiated, and if it contained the necessary minimum entitlements.

The Fair Work Commission found that the Sunfresh Employee Agreement 2021 was in the best interests of the employees, taking into account the improved financial conditions and the better workplace relations that the agreement would bring. The court was satisfied that the agreement had been fairly negotiated, as evidenced by the process followed and the involvement of the relevant employee representatives. Furthermore, the court determined that the agreement contained the necessary minimum entitlements and appropriate dispute resolution mechanisms. As a result, the court approved the Sunfresh Employee Agreement 2021.

The Fair Work Commission ordered the approval of the Sunfresh Employee Agreement 2021, subject to the terms and conditions outlined in the agreement. The applicant was directed to provide the necessary documentation and information to the relevant parties within the specified timeframe. The employees were to be informed of the court's decision and the approval of the agreement, and the agreement was to be registered with the Fair Work Commission.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established