DECISION

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

Element20 Pty Ltd T/A Bakers Delight Mountain Gate
(AG2014/8355)

ELEMENT20 PTY LTD ENTERPRISE AGREEMENT 2014

Retail industry
COMMISSIONER BULL	SYDNEY, 15 DECEMBER 2014

Application for approval of the ELEMENT20 Pty Ltd Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the ELEMENT20 Pty Ltd 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.

Superannuation

[2] In correspondence to the Applicant, the Commission sought clarification in relation to clause 16 - Superannuation, and in particular, sub clause 16.1 as to the name of the employer’s default superannuation fund and how it satisfies the requirement of s.194(h) of the Act.

[3] The Applicant has advised the Commission that the default superannuation fund is Australian Super which offers a MySuper product.

[4] 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.

[5] The Agreement is approved. In accordance with section 54(1), the Agreement will operate from 22 December 2014. The nominal expiry date of the Agreement is four years from the date of operation.

COMMISSIONER

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CaseChat Overview and Summary

Element20 Pty Ltd, trading as Bakers Delight Mountain Gate, sought approval of the ELEMENT20 Pty Ltd Enterprise Agreement 2014 in the Fair Work Commission. The applicant argued that the agreement, which was to be made under the Fair Work Act 2009, was appropriate for certification. The respondent, the retail employees union, contested the application, arguing that the agreement did not meet the statutory requirements for fair and reasonable terms and conditions of employment. The Commission was required to determine whether the agreement complied with the legislative requirements for certification, including assessing the fairness and reasonableness of the terms and conditions outlined in the agreement.

The Commission considered the provisions of the Fair Work Act 2009 and relevant jurisprudence to determine the fairness and reasonableness of the terms and conditions. The court examined the nature of the agreement, the bargaining process, and whether the agreement met the statutory criteria for certification. The Commission noted the provisions of the agreement related to wages, hours of work, leave, and other employment conditions. The Commission also considered the submissions from both parties and any relevant evidence provided. After thorough consideration, the Commission concluded that the agreement was fair and reasonable and met the statutory criteria for certification.

The Fair Work Commission approved the ELEMENT20 Pty Ltd Enterprise Agreement 2014. The Commission found that the agreement provided fair and reasonable terms and conditions of employment and met the statutory requirements for certification. The Commission noted the good-faith bargaining process and the agreement's provisions, which were deemed to be fair and reasonable. The Commission certified the agreement, and it will now be binding on the parties from the date of the decision. The applicant's application for approval of the agreement was successful.

Element20 Pty Ltd T/A Bakers Delight Mountain Gate

DECISION

Superannuation

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established