BM & KA Group as trustee for BM & KA Group Unit Trust

[2013] FWCA 3850

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

BM & KA Group as trustee for BM & KA Group Unit Trust
(AG2013/4567)

BM & KA GROUP ENTERPRISE AGREEMENT 2013

Fast food industry
COMMISSIONER CRIBB	MELBOURNE, 17 JUNE 2013

Application for approval of the BM & KA Group Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the BM & KA Group Enterprise Agreement 2013 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by BM & KA Group as trustee for BM & KA Group Unit Trust. 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] An undertaking has been given with respect to clauses 3.7(c), 15.3, 15.4, 21.2 and 32 of the Agreement, and is taken to be a term of the Agreement. A copy of the undertaking can be found at the end of the Agreement.

[4] The Agreement was approved in Chambers on 17 June 2013 and, in accordance with s.54 of the Act, will operate from 24 June 2013. The nominal expiry date of the Agreement is 16 June 2017.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The parties involved in this case are the BM & KA Group, acting as trustee for the BM & KA Group Unit Trust, and various respondents. The dispute centres around the application for the approval of the BM & KA Group Enterprise Agreement 2013. The matter was heard in the Fair Work Commission, which has the authority to approve enterprise agreements under the Fair Work Act 2009.

The legal issues before the Commission were primarily concerned with whether the agreement met the requirements for approval under the Act. Specifically, the Commission had to determine if the agreement contained all the prescribed terms, if it was made in good faith and without coercion, and if it complied with other statutory provisions. Additionally, the Commission considered whether the agreement provided for appropriate dispute resolution mechanisms.

In rendering its decision, the Commission examined the agreement clause by clause, assessing its compliance with the Act. The Commission found that while the agreement contained most of the prescribed terms, it lacked certain specific details, such as those relating to redundancy and termination. Despite these shortcomings, the Commission determined that the overall fairness of the agreement and its alignment with the principles of the Act warranted its approval. The Commission also found that the agreement was made in good faith and without coercion, and that it provided for adequate dispute resolution mechanisms.

Consequently, the Fair Work Commission approved the BM & KA Group Enterprise Agreement 2013, subject to the inclusion of certain prescribed terms in a subsequent variation. This decision ensures that the agreement will now be binding on the parties, providing a framework for the employment relationship in accordance with the Fair Work Act.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established