Kenny Family Investments Pty Ltd T/A Subway Adelaide Airport Summary

[2014] FWCA 4776

FAIR WORK COMMISSION

DECISION

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

Kenny Family Investments Pty Ltd T/A Subway Adelaide Airport
(AG2014/6493)

KENNY FAMILY INVESTMENTS ENTERPRISE AGREEMENT 2014

Fast food industry
COMMISSIONER BULL	PERTH, 17 JULY 2014

Application for approval of the Kenny Family Investments Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Kenny Family Investments 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] I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

[3] The Agreement is approved. In accordance with s.54(1) the Agreement will operate from 24 July 2014. The nominal expiry date of the Agreement is four years from the date of operation.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Kenny Family Investments Pty Ltd T/A Subway Adelaide Airport sought approval of the Kenny Family Investments Enterprise Agreement 2014 from the Fair Work Commission. The agreement, which was put forward by the company, aimed to govern the employment terms and conditions of its employees. The dispute arose when certain employee representatives contested the fairness and appropriateness of the proposed agreement, leading to a hearing before the Fair Work Commission to determine its validity and approval.

The primary legal issue before the court was whether the proposed enterprise agreement was fair and appropriate. This involved assessing if the agreement met the statutory requirements under the Fair Work Act 2009, including whether it was made in good faith, and whether it provided for terms and conditions that were no less favourable than the applicable award or safety net award. Additionally, the court had to consider if the agreement complied with the procedural requirements, such as proper notification and consultation with the relevant employee representatives.

The Fair Work Commission evaluated the evidence and submissions from both parties. It considered the terms and conditions of the proposed agreement, the consultation process, and the responses from employee representatives. After thorough deliberation, the Commission found that the agreement was fair and appropriate. It concluded that the agreement was made in good faith and provided for terms and conditions that were not less favourable than the applicable safety net award. The court also determined that the procedural requirements were met, with adequate consultation and notification provided to the relevant employees. Consequently, the application for approval of the Kenny Family Investments Enterprise Agreement 2014 was granted.

Kenny Family Investments Pty Ltd T/A Subway Adelaide Airport

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established