Krispy Kreme Australia Pty Limited T/A Krispy Kreme Doughnuts

[2020] FWC 1323

[2020] FWC 1323

FAIR WORK COMMISSION

STATEMENT

Fair Work Act 2009
s.185—Enterprise agreement

Krispy Kreme Australia Pty Limited T/A Krispy Kreme Doughnuts
(AG2019/1416)

DEPUTY PRESIDENT BOYCE SYDNEY, 13 MARCH 2020

Application for approval of the Krispy Kreme National Enterprise Agreement 2019.

[1] On 28 November 2019, I issued an ex tempore decision (Decision) whereby I dismissed an application made by Krispy Kreme Australia Pty Limited (Applicant) for approval of the Krispy Kreme National Enterprise Agreement 2019 (Agreement). 1 The reasons for that Decision are contained therein.

[2] At that time, I stated that further reasons for that Decision will be issued in due course. I note that the Decision has not been subject to appeal.

[3] Since that Decision, it has come to my attention that the Applicant has been in further negotiations for a new proposed enterprise agreement. I understand that this proposed enterprise agreement was recently approved by a valid majority of employees, and that the Applicant has or will be making application for approval of that proposed enterprise agreement to the Commission.

[4] In the circumstances, I have determined to forego providing further reasons for the Decision. Instead, I have determined to rely on the reasons already issued. In those reasons I make clear that the application previously made by the Applicant for approval of the Agreement was not one capable of approval due to my finding as to non-compliance with s.180(5) of the Fair Work Act 2009 (Act). Whilst there were many issues in contention at the hearing, it is unnecessary to resolve those issues given that any determination on same cannot overcome the non-compliance with s.180(5) of the Act.

DEPUTY PRESIDENT

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 1   [2019] FWC 8106.