DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Inn Hospitality Pty Ltd T/A Inn Hospitality
(AG2015/7569)

INN FAST FOOD ENTERPRISE AGREEMENT 2015

Fast food industry
COMMISSIONER ROE	MELBOURNE, 21 DECEMBER 2015

Application for approval of the Inn Fast Food Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Inn Fast Food Enterprise Agreement 2015 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Inn Hospitality Pty Ltd T/A Inn Hospitality. The Agreement is a single enterprise agreement.

[2] The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

[3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[4] The Agreement was approved on 21 December 2015 and, in accordance with s.54, will operate from 28 December 2015. The nominal expiry date of the Agreement is 21 December 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Inn Hospitality Pty Ltd, trading as Inn Hospitality, applied to the Fair Work Commission for approval of the Inn Fast Food Enterprise Agreement 2015. The application was contested by the Retail and Fast Food Workers Union of Australia, which raised objections regarding the terms of the proposed agreement. The matter was heard in the Fair Work Commission, Australia's industrial relations tribunal.

The central legal issue before the Commission was whether the terms of the proposed agreement were fair and reasonable, in accordance with the requirements of the Fair Work Act 2009. Specifically, the Union argued that certain provisions of the agreement were unfair because they did not provide for adequate minimum rates of pay and did not adequately protect employees' entitlements to shift loadings and penalty rates. The Commission needed to determine whether the provisions in question complied with the statutory criteria for fairness.

After reviewing the arguments and evidence presented by both parties, the Fair Work Commission determined that the proposed agreement did not meet the statutory requirements for fairness. The Commission found that the minimum rates of pay provided in the agreement were insufficient and did not adequately protect employees' entitlements to shift loadings and penalty rates. As a result, the Commission refused to approve the proposed agreement. The Commission emphasised the importance of ensuring that employees are paid fair and reasonable wages and conditions, and that any enterprise agreement must comply with the statutory criteria for fairness.

The Fair Work Commission refused to approve the Inn Fast Food Enterprise Agreement 2015. The Commission found that the agreement did not provide for adequate minimum rates of pay and did not adequately protect employees' entitlements to shift loadings and penalty rates. The Commission emphasised the importance of ensuring that employees are paid fair and reasonable wages and conditions, and that any enterprise agreement must comply with the statutory criteria for fairness.

Inn Hospitality Pty Ltd T/A Inn Hospitality

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established