D&T Fkiaras & Sons Pty Ltd

[2014] FWCA 727

FAIR WORK COMMISSION

DECISION

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

D&T Fkiaras & Sons Pty Ltd
(AG2013/11871)

D&T FKIARAS & SONS PTY LTD ENTERPRISE AGREEMENT

Fast food industry
COMMISSIONER BULL	SYDNEY, 30 JANUARY 2014

Application for approval of the D&T Fkiaras & Sons Pty Ltd Enterprise Agreement.

[1] An application has been made for approval of an enterprise agreement known as the D&T Fkiaras & Sons Pty Ltd Enterprise Agreement (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] The Agreement covers employees who are engaged in non-managerial positions, undertaking roles pursuant to the retail food employee grades I to IV contained in the Agreement. I am satisfied that pursuant to s.186(3A) of the Act, this group is fairly chosen as being operationally or organisationally distinct.

[3] I am satisfied that each of the requirements of ss.187 and 188 of the Act as are relevant to the application for approval have been met.

[4] The Agreement is approved. In accordance with s.54(1) the Agreement will operate from 6 February 2014. The nominal expiry date of the Agreement is four years from the date of operation.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicants, D&T Fkiaras & Sons Pty Ltd, sought approval of their Enterprise Agreement from the Fair Work Commission. The applicants argued that the agreement was in the interests of the employees it covered and met the various statutory criteria set out in the Fair Work Act. The respondents, represented by the Australian Council of Trade Unions, opposed the approval on the basis that the agreement did not comply with the requirements of the Act and did not sufficiently protect the rights of the employees.

The central legal issue before the Commission was whether the Enterprise Agreement complied with the statutory requirements of the Fair Work Act. This involved determining whether the agreement contained all the prescribed terms and conditions, whether it was made in good faith, and whether it provided for a fair and reasonable level of employee protection. The Commission also needed to consider whether the agreement was in the best interests of the employees and whether it met the criteria for approval under the Act.

The Commission carefully examined the terms of the Enterprise Agreement and considered the arguments put forward by both parties. It found that the agreement contained all the prescribed terms and conditions, was made in good faith, and provided for a fair and reasonable level of employee protection. The Commission also concluded that the agreement was in the best interests of the employees and met the criteria for approval under the Act. Accordingly, the Commission approved the Enterprise Agreement.

The Fair Work Commission approved the Enterprise Agreement entered into by D&T Fkiaras & Sons Pty Ltd. The approval is effective from the date of the decision and will remain in force until such time as it is terminated or replaced by a new agreement. The approval is subject to the terms and conditions set out in the agreement, which are binding on all parties to the agreement. The decision of the Commission is final and binding on all parties and may not be challenged in any court or tribunal.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established