DECISION

Fair Work Act 2009
s.185—Enterprise agreement

AB & NC Pty Ltd
(AG2015/2749)

AB & NC PTY LTD - ENTERPRISE AGREEMENT 2015

Fast food industry
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 29 JUNE 2015

Application for approval of the AB & NC Pty Ltd - Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the AB & NC Pty Ltd - Enterprise Agreement 2015 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by AB & NC Pty Ltd. The agreement is a single enterprise agreement.

[2] The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that 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.

[3] Subject to the undertakings referred to above, and on the basis of the material contained in the application and accompanying statutory declaration, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[4] The application was not lodged within 14 days after the agreement was made. Pursuant to s.185(3)(b), in all the circumstances I consider it fair to extend the time for making the application to the date it was actually made.

[5] The Agreement was approved on 29 June 2015 and, in accordance with s.54, will operate from 6 July 2015. The nominal expiry date of the Agreement is 30 June 2017.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

AB & NC Pty Ltd, an Australian company, applied to the Fair Work Commission for approval of its Enterprise Agreement 2015. The nature of the dispute involved the terms and conditions of employment outlined in the proposed agreement, which was to govern the employment of the company's workers. The Fair Work Commission, an Australian industrial relations tribunal, was tasked with assessing whether the agreement complied with the Fair Work Act 2009.

The legal issues before the Commission included whether the agreement provided for a fair and reasonable rate of pay for the employees, whether it provided for fair and reasonable working conditions, and whether it complied with the minimum entitlements required under the National Employment Standards. Additionally, the Commission had to consider if the agreement had been made in accordance with the appropriate processes for bargaining and whether it contained appropriate dispute resolution mechanisms.

In its reasoning, the Commission found that the proposed agreement provided for fair and reasonable terms and conditions, including appropriate rates of pay and working conditions, and that it complied with the minimum entitlements required under the National Employment Standards. The Commission also found that the agreement had been made in accordance with the appropriate processes for bargaining and that it contained appropriate dispute resolution mechanisms. Therefore, the Commission approved the Enterprise Agreement 2015, and it became legally binding on the parties involved.

The Fair Work Commission's decision to approve the Enterprise Agreement 2015 of AB & NC Pty Ltd provides a clear example of how the Commission assesses and approves such agreements under the Fair Work Act 2009. The Commission's decision highlights the importance of ensuring that enterprise agreements provide fair and reasonable terms and conditions for employees and comply with the minimum entitlements required under the National Employment Standards. The approval of this agreement demonstrates the Commission's commitment to promoting fair and effective workplace relations in Australia.

AB & NC 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