Caneramble Pty Ltd T/A Subway, Subway Bridge Street Pty Ltd T/A Subway

In the Fair Work Commission, the applicants, Caneramble Pty Ltd T/A Subway and Subway Bridge Street Pty Ltd T/A Subway, sought approval for their 2023 Enterprise Agreement. The applicants were franchisees of the Subway brand, operating multiple franchises in Australia. The applicants aimed to have the agreement approved under the Fair Work Act 2009, which mandates that enterprise agreements be free from prohibited content and comply with specific procedural requirements. The nature of the dispute involved the applicants' request for the agreement to be approved as a single, multi-site agreement covering all their franchises.

The legal issues before the Commission centred on whether the proposed agreement complied with the legislative requirements and whether it contained any prohibited content. Key aspects included verifying the agreement's procedural correctness and ensuring it did not include terms that contravened the Fair Work Act. The Commission had to assess whether the agreement met the criteria for approval and if it adhered to the relevant labour laws and regulations.

The Commission examined the application and found that the proposed agreement was procedurally sound and did not contain any prohibited content. The agreement was comprehensive, covering various terms and conditions of employment for the employees across all franchises. The Commission noted that the agreement provided for fair and reasonable terms, ensuring it met the standards required under the Fair Work Act. Consequently, the Commission approved the application, allowing the 2023 Enterprise Agreement to be implemented.

The Fair Work Commission approved the Enterprise Agreement 2023, determining that it was free from prohibited content and met the necessary legal and procedural requirements. This decision ensures that the agreement can be implemented, providing a clear framework for the terms and conditions of employment for the employees of Caneramble Pty Ltd T/A Subway and Subway Bridge Street Pty Ltd T/A Subway.