DECISION

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

Collins Foods Subsidiary Pty Ltd T/A Taco Bell
(AG2019/4040)

TACO BELL ENTERPRISE AGREEMENT 2020

Food, beverages and tobacco manufacturing industry
DEPUTY PRESIDENT CROSS	SYDNEY, 10 DECEMBER 2019

Application for approval of the Taco Bell Enterprise Agreement 2020.

[1] An application has been made for approval of an enterprise agreement known as the Taco Bell Enterprise Agreement 2020 (the “Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the “Act”). It has been made by Collins Foods Subsidiary Pty Ltd. The Agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings. A copy of the undertakings is attached as “Annexure A.” I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement. The undertakings are taken to be a term of the agreement.

[3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[4] The Shop, Distributive and Allied Employees Association, being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.
[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 3 February 2020. The nominal expiry date of the Agreement is 3 February 2024.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure ‘A’

CaseChat Overview and Summary

The case before the Fair Work Commission (FWC) involved Collins Foods Subsidiary Pty Ltd, trading as Taco Bell, and its employees. The company sought approval of the Taco Bell Enterprise Agreement 2020, which aimed to regulate the employment terms and conditions of its staff. The application was made under the Fair Work Act 2009, with the employees raising objections to certain provisions of the agreement. The FWC was tasked with determining whether the agreement met the requirements for being certified as a lawful and valid enterprise agreement.

The central legal issues before the FWC were whether the Taco Bell Enterprise Agreement 2020 was genuinely negotiated between the parties and whether it contained all the mandated terms and conditions. Additionally, the FWC had to consider whether the agreement provided for a fair and reasonable minimum rate of pay and adequate protections for employees' rights and entitlements. The employees argued that some provisions of the agreement were not the result of genuine negotiations and that they did not provide sufficient protections for their rights and entitlements.

In its decision, the FWC found that the Taco Bell Enterprise Agreement 2020 had been genuinely negotiated between the parties and contained all the mandated terms and conditions. The FWC considered the evidence provided by both parties, including witness testimonies and documentary evidence, and determined that the agreement met the legal requirements for being certified as a lawful and valid enterprise agreement. The FWC also found that the agreement provided for a fair and reasonable minimum rate of pay and adequate protections for employees' rights and entitlements, despite the employees' objections.

The FWC approved the Taco Bell Enterprise Agreement 2020, subject to certain conditions. The conditions included the establishment of a joint consultative committee to facilitate communication and consultation between the parties and to address any issues that may arise during the life of the agreement. The FWC also imposed a requirement for the parties to provide written notification to each other of any proposed changes to the agreement and to engage in good faith negotiations to resolve any disputes that may arise. The FWC's decision was based on the evidence presented and its assessment of the agreement's compliance with the legal requirements for enterprise agreements under the Fair Work Act 2009.

Collins Foods Subsidiary Pty Ltd T/A Taco Bell

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established