Krispy Kreme Australia Pty Limited T/A Krispy Kreme Doughnuts

[2019] FWC 8106

[2019] FWC 8106

FAIR WORK COMMISSION

EX TEMPORE DECISION

Fair Work Act 2009
s.185—Enterprise agreement

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

DEPUTY PRESIDENT BOYCE SYDNEY, 28 NOVEMBER 2019

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

[1] An ex tempore Decision was delivered during proceedings held on 28 November 2019.

[2] An application has been made by Krispy Kreme Australia Pty Limited (Applicant) for approval of an enterprise agreement to be known as the Krispy Kreme National Enterprise Agreement 2019 (Agreement).

[3] Having regard to the evidence and submissions of the Applicant, as well as those put forward by the United Workers Union and the Shop, Distributive and Allied Employees Association, I dismiss this application for approval the Agreement.

[4] I am not satisfied that the Agreement has been genuinely agreed. In particular, I am not satisfied that s.180(5) of the Fair Work Act 2009 (Act) has been complied with. Further (and having regard to s.188(c) of the Act), there are no reasonable grounds for believing that the agreement has been genuinely agreed to by the employees.

[5] Reasons for this Decision will be issued in due course.

DEPUTY PRESIDENT

Appearances:

Mr Paul Brown (Solicitor, Baker McKenzie) for the Applicant

Ms Imogen Beynon for the United Workers Union

Mr Angelo Pardo for the Shop, Distributive and Allied Employees Association

Hearing details:

This matter was heard on 10 October 2019 in Sydney (with videolink to Brisbane), 11 October 2019 in Sydney, and 28 November 2019 in Sydney (with videolink to Melbourne)

Printed by authority of the Commonwealth Government Printer

<PR714706>