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

CaseChat Overview and Summary

Krispy Kreme Australia Pty Limited T/A Krispy Kreme Doughnuts recently faced a legal challenge regarding the approval of the Krispy Kreme National Enterprise Agreement 2019. The Fair Work Commission was tasked with determining whether this agreement met the statutory requirements set out under the Fair Work Act 2009. The application for approval arose from a dispute between the company and its employees, focusing on the terms and conditions outlined in the proposed agreement.

The central legal issue before the Commission was whether the proposed agreement contained the necessary elements to be approved under the Fair Work Act. Specifically, the Commission had to consider whether the agreement provided for minimum rates of pay and conditions, and whether it complied with the procedural requirements for approval. Additionally, the Commission needed to assess whether the agreement was consistent with the objectives of the Fair Work Act, including promoting high wages and conditions.

In delivering its decision, the Commission found that the proposed agreement satisfied the statutory requirements. The agreement was deemed to provide for adequate minimum rates of pay and conditions for employees, aligning with the principles of the Fair Work Act. The Commission also confirmed that the procedural requirements for approval were met, including proper consultation and negotiation processes. As a result, the Commission approved the Krispy Kreme National Enterprise Agreement 2019, recognising it as a valid and enforceable agreement between the company and its employees. The decision underscores the importance of ensuring that enterprise agreements meet the legislative standards designed to protect workers' rights and interests.

Krispy Kreme Australia Pty Limited T/A Krispy Kreme Doughnuts

EX TEMPORE DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established