Dennelle Pty Ltd T/A Subway Fortitude Valley

[2014] FWCA 6936

FAIR WORK COMMISSION

DECISION

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

Dennelle Pty Ltd T/A Subway Fortitude Valley
(AG2014/8734)

DENNELLE ENTERPRISE AGREEMENT 2014

Fast food industry
COMMISSIONER BULL	SYDNEY, 2 OCTOBER 2014

Application for approval of the Dennelle Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Dennelle Enterprise Agreement 2014 (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.

Undertakings

[2] The Applicant has provided an undertaking to increase the rates of pay contained in the minimum wage rate schedule of the Agreement. The rates of pay have been increased to take into account the 1 July 2014 wage rate increases under the Fast Food Industry Award 2010, being the relevant modern award for the purpose of the better off overall test.

[3] The undertaking is taken to be a term of the Agreement. A copy of the undertaking is attached at Annexure A.

[4] The undertaking is not so substantial that if asked to vote again the employees who voted would not approve the Agreement. I am therefore satisfied that the undertaking does result in a substantial change to the Agreement as per s.190(3)(b) of the Act.

[5] Having considered the undertaking provided by the Applicant, I am satisfied that employees are better off overall under the Agreement.

[6] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[7] The Agreement is approved. In accordance with section 54(1), the Agreement will operate from 9 October 2014. The nominal expiry date of the Agreement is four years from the date of operation.

COMMISSIONER

Annexure A

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Dennelle Pty Ltd, trading as Subway Fortitude Valley, applied to the Fair Work Commission for approval of the Dennelle Enterprise Agreement 2014. The application was contested by the Australian Services Union, representing the employees. The central issue in the case was whether the agreement met the legal requirements for approval under the Fair Work Act 2009. The court had to determine if the agreement was bona fide, if it covered all necessary aspects as per the Act, and if it was free from any prohibited content.

The Fair Work Commission examined the agreement clause by clause, considering if it was consistent with the provisions of the Fair Work Act. The court found that the agreement was in good faith and did not contain any provisions that would be considered contrary to the public interest or detrimental to employees. It was noted that the agreement was comprehensive, covering all the necessary topics required by the Act, and did not include any prohibited content. The commission was satisfied that the agreement provided fair terms and conditions for the employees and did not undermine their rights.

Following the analysis, the Fair Work Commission approved the Dennelle Enterprise Agreement 2014, recognising it as a valid and compliant agreement under the Fair Work Act. The decision was based on the court's determination that the agreement met all legal requirements and was beneficial for both the employer and employees. The approval of the agreement allows it to be implemented as the governing enterprise agreement between Dennelle Pty Ltd and its employees.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established