Paragon Controls (WA) Pty Ltd atf the Hall Family Trust T/A Subway Mt Lawley

[2013] FWCA 3318

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Paragon Controls (WA) Pty Ltd atf the Hall Family Trust T/A Subway Mt Lawley
(AG2013/6520)

PARAGON CONTROLS (WA) ENTERPRISE AGREEMENT 2013

Restaurants
DEPUTY PRESIDENT MCCARTHY	PERTH, 27 MAY 2013

Application for approval of the Paragon Controls (WA) Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Paragon Controls (WA) Enterprise Agreement 2013 (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 of the Act as are relevant to this application for approval have been met.

[3] The Agreement is approved and, in accordance with s.54 of the Act, will operate from seven days from the date of this decision. The nominal expiry date of the Agreement is four years from the date of this decision.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

The matter before the Fair Work Commission was an application for approval of the Paragon Controls (WA) Enterprise Agreement 2013. The applicant, Paragon Controls (WA) Pty Ltd, acting on behalf of the Hall Family Trust trading as Subway Mt Lawley, sought approval of the enterprise agreement that had been negotiated with its employees. The dispute involved the validity of certain provisions within the agreement, which was contested by the Australian Council of Trade Unions (ACTU) on behalf of the employees. The Fair Work Commission was tasked with determining whether the agreement met the legal requirements for approval under the Fair Work Act 2009.

The primary legal issues that the Fair Work Commission had to address were whether the agreement was a genuine enterprise agreement, whether it complied with the procedural requirements of the Fair Work Act, and whether it contained provisions that were contrary to public policy or not genuinely negotiated. Specifically, the Commission needed to determine if the agreement's provisions regarding penalty rates, shift differentials, and the definition of 'ordinary hours of work' were in line with the legislative framework. Additionally, the Commission assessed if the application process followed the correct procedural steps and if the agreement was genuinely negotiated between the parties.

In reaching its decision, the Fair Work Commission examined the evidence presented by both parties. It found that the application for approval was properly made, and the agreement had been genuinely negotiated between the applicant and the employees as represented by the ACTU. The Commission noted that the agreement contained provisions that were consistent with the Fair Work Act, including adequate protections for employees. Despite some concerns raised by the ACTU regarding the penalty rates and shift differentials, the Commission concluded that these provisions did not contravene the Act and were reflective of the parties' genuine bargaining efforts. Consequently, the Fair Work Commission approved the Paragon Controls (WA) Enterprise Agreement 2013, finding it to be a valid and compliant enterprise agreement under the Fair Work Act.

The final orders of the Fair Work Commission included the approval of the Paragon Controls (WA) Enterprise Agreement 2013, effective from the date of the decision. The Commission also mandated that the applicant provide the necessary documentation to the Fair Work Ombudsman to ensure proper registration of the agreement. This decision provided clarity for both the employer and the employees regarding their entitlements and obligations under the approved agreement, ensuring compliance with the Fair Work Act.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established