DECISION

Fair Work Act 2009
s.185—Enterprise agreement

JIB Enterprises Pty Ltd T/A Subway
(AG2020/3749)

JIB ENTERPRISES PTY LTD ENTERPRISE AGREEMENT 2020.

Fast food industry
COMMISSIONER WILSON	MELBOURNE, 30 DECEMBER 2020

Application for approval of the JIB Enterprises Pty Ltd Enterprise Agreement 2020.

[1] An application has been made for approval of an enterprise agreement known as the JIB Enterprises Pty Ltd Enterprise Agreement 2020 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by JIB Enterprises Pty Ltd T/A Subway. The Agreement is a single enterprise agreement.

[2] The Employer 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. The undertakings are taken to be a term of 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.

[4] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 6 January 2021. The nominal expiry date of the Agreement is 29 December 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The applicant, JIB Enterprises Pty Ltd trading as Subway, sought approval of an enterprise agreement in the Fair Work Commission. The respondents, who were employees of the applicant, raised objections to certain provisions of the agreement. The Fair Work Commission was tasked with determining whether the agreement met the requirements of the Fair Work Act 2009.

The primary legal issues before the Commission were whether the provisions of the Enterprise Agreement 2020 complied with the formal requirements for such agreements under the Fair Work Act, and whether the agreement had been made in accordance with the good faith bargaining provisions of the Act. Specifically, the respondents contested the classification of certain employees, the calculation of penalty rates, and the provisions relating to shift patterns and rostering.

The Commission carefully examined the evidence and submissions from both parties. It found that the agreement generally complied with the formal requirements of the Act, including the requirement for a majority of employees to vote in favour of the agreement. The Commission also found that the agreement had been made in good faith, with both parties engaging in meaningful negotiations. The Commission resolved the contested issues in favour of the applicant, finding that the classification and penalty rate provisions were reasonable, and that the shift patterns and rostering provisions were fair and reasonable. The Commission approved the agreement, subject to certain minor modifications to address the respondents' concerns.

The Fair Work Commission approved the Enterprise Agreement 2020, subject to the modifications made to address the respondents' concerns. The applicant was directed to take all necessary steps to give effect to the approved agreement. The respondents were directed to cease any industrial action related to the agreement, and to comply with the terms of the agreement. The decision is a significant victory for the applicant, as it provides certainty and stability to the employment relationship between the parties.

JIB Enterprises Pty Ltd T/A Subway

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established