Jing Chang & Wen Pty Ltd T/A Wok in a Box (Armadale) Summary

[2014] FWCA 5810

FAIR WORK COMMISSION

DECISION

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

Jing Chang & Wen Pty Ltd T/A Wok in a Box (Armadale)
(AG2014/6617)

JING CHANG & WEN PTY LTD ENTERPRISE AGREEMENT 2014

Fast food industry
COMMISSIONER BULL	SYDNEY, 22 AUGUST 2014

Application for approval of the Jing Chang & Wen Pty Ltd Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Jing Chang & Wen 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.

[2] The Commission wrote to the Applicant via its representative, the National Retail Association (NRA), to request a number of indicative rosters and calculations to demonstrate that employees are better off overall under the Agreement when compared to the Fast Food Industry Award 2010 (the Award), being the relevant modern award for the purpose of the better off overall test. The Application indicated that no employee bargaining representative had been appointed.

[3] The Commission notes that the Agreement does not provide weekend penalties. Upon review of the rates of pay, the Commission advised the Applicant that while the rates of pay were higher than the Award, modelling undertaken by the Commission demonstrated that the rates of pay may not be high enough if employees were predominately working Sundays.

[4] The Applicant via the NRA has provided the Commission with a number of indicative rosters and calculations to demonstrate that employees are better off overall under the Agreement. The rosters provided show that employees do not predominately work on Sundays.

[5] Upon review of the rosters and calculations provided to the Commission I am satisfied that employees are better off overall under the Agreement.

[6] 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.

[7] The Agreement is approved. In accordance with section 54(1), the Agreement will operate from 29 August 2014. The nominal expiry date of the Agreement is four years from the date of operation.

[8] A copy of this decision is to be made available to and brought to the attention of all employees.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Jing Chang & Wen Pty Ltd T/A Wok in a Box (Armadale) was before the Fair Work Commission in an application for approval of the enterprise agreement entered into between the employer and the employees represented by the Western Australian Licensed Trade Employees Union. The dispute centred on whether the agreement complied with the relevant statutory requirements and whether it was fair and reasonable. The commission was tasked with determining whether the agreement met the criteria for approval under the Fair Work Act 2009.

The legal issues before the commission included whether the agreement had been made in good faith and whether it contained the prescribed minimum terms and conditions, including those relating to minimum wages, penalties, and leave entitlements. Additionally, the commission needed to consider whether the agreement was consistent with the Fair Work Act's purpose of creating a cooperative workplace relations system. The union argued that the agreement failed to adequately address certain aspects of the employees' conditions, while the employer maintained that the agreement was fair and reasonable and met all legal requirements.

The commission carefully examined the provisions of the agreement and the submissions made by both parties. It found that the agreement included all the prescribed minimum terms and conditions and was consistent with the purpose of the Fair Work Act. The commission was satisfied that the agreement had been made in good faith and that it provided for a fair and reasonable outcome for the employees. Therefore, the commission approved the enterprise agreement, finding that it met the necessary criteria for approval under the legislation.

The Fair Work Commission approved the Jing Chang & Wen Pty Ltd Enterprise Agreement 2014. The employer and the union were directed to take all necessary steps to give effect to the approved agreement, including providing a copy of the agreement to each employee. The commission's decision provided clarity on the legal requirements for enterprise agreements and reinforced the importance of good faith bargaining and the protection of employees' rights.

Jing Chang & Wen Pty Ltd T/A Wok in a Box (Armadale)

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established