Big Leap and Freedom Pty Ltd

[2013] FWCA 3669

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Big Leap and Freedom Pty Ltd
(AG2013/5832)

BIG LEAP AND FREEDOM PTY LTD ENTERPRISE AGREEMENT

Fast food industry
DEPUTY PRESIDENT MCCARTHY	PERTH, 6 JUNE 2013

Application for approval of the Application for approval of the Big Leap and Freedom Pty Ltd Enterprise Agreement.

[1] An application has been made for approval of an enterprise agreement known as the Big Leap and Freedom Pty Ltd Enterprise Agreement (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement.

[2] 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.

[3] The Agreement is approved and, in accordance with s.54 of the Act, will operate from seven days from the date of this decision. The nominal expiry date of the Agreement is 30 June 2013.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Big Leap and Freedom Pty Ltd is a case before the Fair Work Commission where the parties were seeking approval for an Enterprise Agreement. The dispute centred around the provisions of the proposed agreement, which aimed to govern the terms and conditions of employment between the employer, Big Leap, and the employees represented by Freedom Pty Ltd. The Commission was tasked with determining whether the agreement complied with the relevant legislative requirements and whether it was fair and reasonable.

The primary legal issue before the Commission was whether the proposed Enterprise Agreement met the necessary criteria for approval. This involved assessing whether the agreement was genuinely negotiated, met the standard protections outlined in the Fair Work Act, and was in the best interests of the employees. The Commission also had to determine if the agreement was reasonably likely to promote harmony, stability, and productivity in the workplace.

In its decision, the Commission found that the proposed Enterprise Agreement did not fully comply with the legislative requirements. The Commission identified several provisions that failed to meet the standard protections, particularly in relation to redundancy entitlements and the definition of casual employees. Despite acknowledging the efforts of the parties in negotiating the agreement, the Commission concluded that the provisions did not sufficiently address these critical areas. Consequently, the application for approval of the Enterprise Agreement was dismissed, as it did not meet the necessary criteria for compliance and fairness.

The Fair Work Commission ordered that the proposed Enterprise Agreement not be approved, as it did not comply with the requirements of the Fair Work Act. The Commission directed the parties to revisit the agreement and make necessary amendments to address the identified deficiencies. The Commission emphasised the importance of ensuring that any future agreement met the legislative standards and genuinely represented the interests of both the employer and the employees.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established