Superior Food Group Pty Ltd Trading AS Superior Food Services

[2025] FWCA 1369

[2025] FWCA 1369

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

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

Superior Food Group Pty Ltd Trading AS Superior Food Services

(AG2025/766)

SFS FOOD SERVICES ENTERPRISE AGREEMENT 2024

Storage services
COMMISSIONER PERICA	MELBOURNE, 24 APRIL 2025

Application for approval of the SFS Food Services Enterprise Agreement 2024

1. An application has been made for approval of an enterprise agreement known as the SFS Food Services Enterprise Agreement 2024 (the Agreement). The application is made under section 185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.

1. The Employer has provided written undertakings. A copy of these undertakings is attached in Annexure A. I am satisfied the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement. I therefore note the undertakings are taken to be terms of the Agreement under section 201(3) of the Act.

1. In relation to the undertaking at “6.”, the United Workers’ Union, a bargaining representative in this matter, has proposed that “Storeworkers” be understood to include “Jockeys, Storeworkers and Senior Storeworkers”. This is consistent with the statement of concerns initially raised with the parties. The Employer has consented to this proposal. The consent position is that undertaking “6” is to be read and applies as if the word “Storeworkers” means and includes “Jockeys, Storeworkers and Senior Storeworkers”.

1. Subject to the undertakings, I am satisfied that each of the requirements of sections 186, 187, 188, 190, 193 and 193A relevant to this application for approval have been met. The Agreement does not cover all the employees of the employer, however, taking into account the factors in sections 186(3) and (3A), I am satisfied that the group of employees was fairly chosen.

1. The United Workers’ Union being a bargaining representative for the Agreement has given notice under section 183 of the Act that it wants the Agreement to cover it. I therefore note the Agreement covers the organisation under section 201(2) of the Act.

1. The Agreement is approved today 24 April 2025. It will operate from 1 May 2025 as required by section 54 of the Act. The nominal expiry date is 30 April 2025.

COMMISSIONER

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Annexure A