Independent Purchasing Company (Australasia) Ltd

[2015] FWCA 3178

[2015] FWCA 3178

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Independent Purchasing Company (Australasia) Ltd
(AG2015/1970)

IPCA ENTERPRISE AGREEMENT 2014

Fast food industry
COMMISSIONER GREGORY	MELBOURNE, 14 MAY 2015

Application for approval of the IPCA Enterprise Agreement 2014.

[1] An application has been made under s.185 of the Fair Work Act 2009 (the Act) for approval of an enterprise agreement known as the IPCA Enterprise Agreement 2014 (the Agreement). The Applicant is Independent Purchasing Company (Australasia) Ltd and the employers to be covered by the proposed Agreement are those named in a Single Interest Employer Authorisation made by the Commission on 18 December 2014 [PR559343].

[2] The application indicates that the proposed Agreement has identical or substantially identical terms to the IPCA Enterprise Agreement 2013 approved on 21 November 2013 by Commissioner Bull [AE405494].

[3] In reviewing the terms of the proposed Agreement the Commission sought clarification about its application to employees who only work on Sundays, or who work a significant proportion of their hours on Sunday. For example, a casual employee who only works 5 hours on Sunday under wage options A, B or D, or works 5 ordinary hours on Monday to Friday and 5 hours on Sunday under the same options.

[4] The Applicant’s representative provided indicative rosters in response, which have been in place in the businesses to be covered by the proposed Agreement during the months of April and May 2015. Those indicative rosters indicate there are no employees in the businesses covered by the application who work solely or predominately on Sunday only during each 4 week roster period. It was also indicated to the Commission that all employees work in accordance with these rotating rosters with the consequence that their hours of work are spread uniformly throughout the week over the course of each 4 week period.

[5] I am accordingly prepared to approve the Agreement based on the advice provided by the Applicant’s representative about the nature of the roster arrangements in place in the various businesses covered by the Agreement. However, it should also be emphasised that in coming to this decision it is based on the particular circumstances involved in this matter and it should not be considered to be a precedent for any other agreement approval application.

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

[7] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 21 May 2015. The nominal expiry date of the Agreement is 13 May 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

<Price code G, AE413846  PR567159>