Carindale Footlongs Pty Ltd

[2013] FWCA 2249

FAIR WORK COMMISSION

DECISION

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

Carindale Footlongs Pty Ltd
(AG2013/696)

CARINDALE FOOTLONGS PTY LTD ENTERPRISE AGREEMENT 2013

Fast food industry
DEPUTY PRESIDENT ASBURY	BRISBANE, 12 APRIL 2013

Application for approval of the Carindale Footlongs Pty Ltd Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Carindale Footlongs Pty Ltd 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 Carindale Footlongs Pty Ltd. 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] On 10 April 2013 undertakings were provided by the Employer. Pursuant to s.190 of the Act, I accept the Employer’s undertakings. In accordance with s.201(3) of the Act I note that a copy of the undertakings is attached to the Agreement and forms part of the Agreement.

[4] The Agreement is approved and, in accordance with s.54, will operate from 19 April 2013. The nominal expiry date of the Agreement is 12 April 2017.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Carindale Footlongs Pty Ltd, the applicant, applied to the Fair Work Commission for approval of the Carindale Footlongs Pty Ltd Enterprise Agreement 2013. The applicant sought the Commission's approval under section 234 of the Fair Work Act 2009, claiming the agreement was a "single interest" enterprise agreement. The dispute involved the classification and remuneration of the applicant's employees.

The primary legal issue before the Commission was whether the Enterprise Agreement constituted a "single interest" enterprise agreement as defined in section 172 of the Fair Work Act 2009. This required the Commission to determine if the employees covered by the agreement shared a common interest, and if the agreement addressed that interest appropriately. Additionally, the Commission had to consider whether the agreement met the requirements for "good faith" bargaining and if it complied with other relevant provisions of the Fair Work Act.

The Commission found that the Enterprise Agreement did indeed constitute a "single interest" enterprise agreement. It concluded that the employees of the applicant shared a common interest in terms of their employment conditions, and the agreement addressed those interests fairly and effectively. The Commission was satisfied that the agreement was the product of good faith bargaining and complied with all necessary statutory requirements. Consequently, the Commission approved the Enterprise Agreement.

The Fair Work Commission approved the Carindale Footlongs Pty Ltd Enterprise Agreement 2013, finding it to be a "single interest" enterprise agreement that met all the statutory requirements under the Fair Work Act 2009. The decision highlighted the importance of ensuring that such agreements genuinely reflect the common interests of the employees and are the result of good faith bargaining.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established