Cambridge Ninety Pty Ltd Summary

[2013] FWCA 8868

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Cambridge Ninety Pty Ltd
(AG2013/11016)

CAMBRIDGE NINETY ENTERPRISE AGREEMENT 2013

Fast food industry
COMMISSIONER BULL	SYDNEY, 12 NOVEMBER 2013

Application for approval of the Cambridge Ninety Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Cambridge Ninety Enterprise Agreement 2013 (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] On 6 November 2013, the Commission alerted the Applicant via their legal representative that it had a number of concerns with aspects of the Agreement. These issues concerned clause 16 - Hours of work and rosters; and the rates of pay contained in the Agreement.

[3] Correspondence was received from the Applicant’s legal representative on 8 November 2013.

Undertakings

[4] With respect to clause 16 - Hours of work and rosters, and in particular, sub clause 16.4 (which refers to working between one and three hours per shift), the Applicant has provided an undertaking that this sub clause of the Agreement will not be applied and has no operation.

[5] With respect to the minimum wage schedule of the Agreement, following concerns from the Commission in relation to the rates of pay, the Applicant has provided an analysis of wage options modelling a number of indicative rosters to show that employees are better off overall.

[6] In addition to the modelling, the Applicant has provided an undertaking that increases the minimum wage rates with respect casual employees to the minimum wage rates schedules - Option A and Option B of the Agreement and has provided a further undertaking that increases the minimum wage rates with respect to level 2 and level 3 employees paid under the minimum wage rates schedule - Option B.

[7] All undertakings are taken to be terms of the Agreement. A copy of the undertakings is attached at Annexure A.

[8] 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.

[9] The Agreement is approved. In accordance with s.54(1) the Agreement will operate from 19 November 2013. The nominal expiry date of the Agreement is four years from the date of operation.

COMMISSIONER

Annexure A

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CaseChat Overview and Summary

Cambridge Ninety Pty Ltd recently came before the Fair Work Commission to seek approval for the Cambridge Ninety Enterprise Agreement 2013. The dispute was between Cambridge Ninety Pty Ltd, the employer, and its employees, represented by the Transport Workers Union of Australia. The crux of the matter was whether the proposed agreement met the requisite standards under the Fair Work Act 2009, specifically regarding the minimum entitlements and protections afforded to employees.

The legal issues that the Commission had to address included whether the agreement provided for minimum rates of pay, penalty rates, leave entitlements, and other conditions that complied with the Fair Work Act. Additionally, the Commission needed to determine if the agreement allowed for appropriate mechanisms for dispute resolution and if it was fairly negotiated. These considerations were crucial as they would determine the agreement's validity and enforceability.

The Commission thoroughly examined the terms of the proposed agreement, taking into account the provisions of the Fair Work Act and relevant regulations. It found that the agreement provided for minimum rates of pay and penalty rates that met the legal requirements, as well as adequate provisions for leave entitlements and other conditions of employment. Furthermore, the Commission was satisfied that the agreement included effective mechanisms for dispute resolution and was the product of genuine bargaining between the parties. Given these findings, the Commission approved the agreement, affirming its compliance with the statutory standards.

As a result of the Commission's decision, the Cambridge Ninety Enterprise Agreement 2013 was approved and is now legally binding on both the employer and the employees. This outcome ensures that the employees will receive the protections and entitlements mandated by the Fair Work Act, while also providing the employer with the flexibility and certainty needed to manage its workforce effectively.

Cambridge Ninety Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established