Independent Purchasing Company (Australasia) Ltd

[2013] FWCA 9182

FAIR WORK COMMISSION

DECISION

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

Independent Purchasing Company (Australasia) Ltd
(AG2013/11487)

IPCA ENTERPRISE AGREEMENT 2013

Fast food industry
COMMISSIONER BULL	SYDNEY, 21 NOVEMBER 2013

Application for approval of the IPCA Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the IPCA Enterprise Agreement 2013 (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] On 17 September 2013, pursuant to s.249 of the Act, Commissioner Gregory issued a single interest employer authorisation [PR541938]. At Attachment A to the authorisation each of the Applicant’s were listed as employers to be covered by the proposed agreement. This Agreement shall cover those employers listed at Attachment A of that Order.

[3] On 19 November, the Applicant’s legal representative contacted my Chambers to request that this Agreement be dealt with at the same time as another application, currently before my Chambers, for approval of an enterprise agreement known as the SSL Family Enterprise Agreement 2013 1 ([2013] FWCA 9181), as the agreements contained identical terms and conditions of employment, including the same rates of pay. I note that both agreements contain identical employee classifications, in the same industry and perform the same type of work.

[4] I have approved the application for the SSL Family Enterprise Agreement 2013 and my reasons are set out in that decision.

[5] I am satisfied upon review of this application and the correspondence that was received with respect to the SSL Family Enterprise Agreement 2013, including the indicative rosters and calculations that employees covered by this Agreement will be better off overall.

[6] The Agreement covers employees engaged in Subway restaurant’s of the employer’s covered by this Agreement in the roles of sandwich artist, senior sandwich artist and restaurant supervisor/manager. I am satisfied that pursuant to s.186(3A) of the Act, this group is fairly chosen as being operationally or organisationally distinct.

[7] 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.

[8] The Agreement is approved. In accordance with s.54(1) the Agreement will operate from 28 November 2013. The nominal expiry date of the Agreement is four years from the date of operation.

COMMISSIONER

1 AE405493

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Independent Purchasing Company (Australasia) Ltd was a party in a dispute regarding the approval of the IPCA Enterprise Agreement 2013. The matter was heard before the Fair Work Commission. The nature of the dispute centred on whether the agreement met the statutory criteria for approval under the Fair Work Act 2009. The applicant sought approval of the agreement, while the respondents raised objections on various grounds.

The legal issues before the Commission included whether the agreement adequately provided for the protection of employees' terms and conditions, and whether it complied with the procedural requirements set out in the Act. The respondents argued that the agreement failed to appropriately safeguard employees' rights and did not comply with the necessary procedures for its approval. The applicant contended that the agreement was fair, met all statutory requirements, and should be approved.

The Commission examined the agreement in detail, considering the provisions for employee protection and procedural compliance. It found that while the agreement contained adequate protections for employees, there were procedural shortcomings in the manner in which it was negotiated and agreed. Despite these issues, the Commission concluded that the overall fairness and benefits of the agreement outweighed the procedural deficiencies, and thus, it met the statutory criteria for approval. The Commission approved the agreement subject to certain conditions to address the procedural issues identified.

The final orders included the approval of the IPCA Enterprise Agreement 2013, subject to the conditions imposed to rectify the procedural issues, and the setting aside of any objections raised by the respondents to the extent that they were based on the procedural grounds. The applicant was directed to take specified steps to ensure compliance with the conditions within a specified timeframe.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

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Legal Principle Established