DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Tasty Fresh Pty Ltd
(AG2019/3389)

TASTY TRUCKS VAN STAFF ENTERPRISE AGREEMENT 2019

Fast food industry
COMMISSIONER GREGORY	MELBOURNE, 24 OCTOBER 2019

Application for approval of the Tasty Trucks Van Staff Enterprise Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the Tasty Trucks Van Staff Enterprise Agreement 2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Tasty Fresh Pty Ltd. 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] The Shop, Distributive and Allied Employees Association 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 is approved. Despite clause 4 of the Agreement, the Agreement will operate from 31 October 2019 in accordance with s.54 of the Act. The nominal expiry date of the Agreement is 30 June 2022.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Tasty Fresh Pty Ltd recently appeared before the Fair Work Commission in an application for approval of the Tasty Trucks Van Staff Enterprise Agreement 2019. The applicant, Tasty Fresh, sought to have the agreement, which had been negotiated with the union, recognised as a valid and enforceable enterprise agreement. The union, on the other hand, represented the interests of the van staff employees, ensuring that their rights and conditions of employment were protected.

The primary legal issues before the Commission were whether the agreement met the statutory requirements for approval and if the process through which it was negotiated was fair and appropriate. This included assessing whether the agreement was made in good faith and without any undue influence or coercion. Additionally, the Commission had to consider whether the agreement provided fair and reasonable terms for the employees and if it complied with the provisions of the Fair Work Act 2009.

The Fair Work Commission found that the agreement met all necessary statutory requirements for approval. It was satisfied that the process of negotiation was conducted in good faith and without any undue influence. The Commission also determined that the agreement provided fair and reasonable terms for the employees, and it complied with the provisions of the Fair Work Act 2009. As a result, the Commission approved the Tasty Trucks Van Staff Enterprise Agreement 2019, making it a legally binding document for both Tasty Fresh and the union.

Tasty Fresh Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established