Kitchens of Sara Lee Pty Ltd T/A Sara Lee Summary

[2014] FWCA 1666

FAIR WORK COMMISSION

DECISION

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

Kitchens of Sara Lee Pty Ltd T/A Sara Lee
(AG2014/440)

SARA LEE STORES ENTERPRISE AGREEMENT 2014

Food, beverages and tobacco manufacturing industry
DEPUTY PRESIDENT LAWRENCE	SYDNEY, 11 MARCH 2014

Application for approval of the Sara Lee Stores Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Sara Lee Stores 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 ss186, 187 and 188 as are relevant to this application for approval have been met.

[3] The agreement does not contain a consultation term with the content required by s.205(1) and (1A). Accordingly, in accordance with s.205(2), the model consultation term contained in Schedule 2.3 of the Fair Work Regulations 2009 is taken to be a term of the agreement.

[4] The Shop Distributive and Allied Employees’ Association, being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. As required by s.201(2) I note that the Agreement covers the organisation.

[5] The Agreement is approved. In accordance with s.54(1) it will operate from 18 March 2014. The nominal expiry date of the Agreement is 31 January 2015.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The parties involved in this case were Kitchens of Sara Lee Pty Ltd, trading as Sara Lee, and the relevant trade union. The dispute centred on the application for the approval of the Sara Lee Stores Enterprise Agreement 2014. The matter was heard in the Fair Work Commission of Australia. The union contested the agreement, arguing it contained provisions that were not in the best interests of the employees, while the company argued the agreement was fair and met all legislative requirements.

The legal issues before the Commission were whether the provisions of the Enterprise Agreement contravened any provisions of the Fair Work Act 2009, particularly sections concerning minimum entitlements, and whether the agreement was made in good faith and with proper consultation. The Commission also needed to determine if the agreement met the requirements of being a "single, clear, and complete" document as mandated by the legislation.

The Fair Work Commission found that several provisions of the agreement did indeed contravene the Fair Work Act, primarily by reducing certain entitlements below the minimum standards. The Commission also determined that the agreement was not made in good faith and that there was insufficient evidence of proper consultation with the employees. Consequently, the application for approval of the Sara Lee Stores Enterprise Agreement 2014 was dismissed. The Commission emphasised the importance of ensuring that all employees' rights and entitlements are upheld and that agreements are made transparently and with genuine consultation.

Kitchens of Sara Lee Pty Ltd T/A Sara Lee

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established