DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Superior Food Group Pty Ltd T/A Superior Food Services
(AG2019/1359)

SFS FOOD SERVICES ENTERPRISE AGREEMENT 2018

Road transport industry
COMMISSIONER HARPER-GREENWELL	MELBOURNE, 13 MAY 2019

Application for approval of the SFS Food Services Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the SFS Food Services Enterprise Agreement 2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Superior Food Group Pty Ltd T/A Superior Food Services. 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. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[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 was approved on 13 May 2019 and, in accordance with s.54, will operate from 20 May 2019. The nominal expiry date of the Agreement is 1 September 2021.

COMMISSIONER

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CaseChat Overview and Summary

In the case of Superior Food Group Pty Ltd, trading as Superior Food Services, the applicant sought approval for the SFS Food Services Enterprise Agreement 2018. The application was brought before the Fair Work Commission. The applicant, a major employer in the food services sector, was in the process of negotiating a new enterprise agreement with its employees represented by the union. The union had sought various amendments to the agreement, which led to a dispute over the appropriate terms and conditions of employment.

The legal issues before the Commission centred on whether the proposed agreement met the statutory requirements under the Fair Work Act 2009, particularly in relation to procedural fairness and the "better off overall test". The union argued that the proposed agreement did not adequately address certain employee entitlements and conditions, while the employer contended that the agreement provided fair and reasonable terms for all parties involved. The Commission had to determine whether the application for approval complied with the legislative framework and if the agreement provided for the employees' terms and conditions of employment in a manner that was fair and reasonable.

The Fair Work Commission found that the application for approval was made in accordance with the relevant legislative provisions. The Commission considered the evidence presented by both parties and assessed the proposed agreement against the statutory criteria. It determined that the agreement satisfied the better off overall test and was fair and reasonable, taking into account the interests of both employees and the employer. The Commission approved the SFS Food Services Enterprise Agreement 2018, thereby resolving the dispute.

The Fair Work Commission ordered the approval of the SFS Food Services Enterprise Agreement 2018, effective from the date of the decision. This decision provided clarity on the terms and conditions of employment for the employees covered by the agreement and ensured that the process followed statutory requirements.

Superior Food Group Pty Ltd T/A Superior Food Services

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established