Dennelle Pty Ltd T/A Subway Fortitude Valley

[2014] FWCA 6936

[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

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