Peteliss Pty Ltd T/A Subway Summary

[2024] FWCA 2365

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Peteliss Pty Ltd T/A Subway

(AG2024/2158)

PETELISS PTY LTD ENTERPRISE AGREEMENT 2024

Fast food industry
DEPUTY PRESIDENT DEAN	CANBERRA, 25 JUNE 2024

Application for approval of the Peteliss Pty Ltd Enterprise Agreement 2024

An application has been made for approval of an enterprise agreement known as the Peteliss Pty Ltd Enterprise Agreement 2024 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Peteliss Pty Ltd T/A Subway (Employer). The Agreement is a single enterprise agreement.

The Employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement. The undertakings are taken to be a term of the agreement.

Subject to the undertaking referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 2 July 2024. The nominal expiry date of the Agreement is 25 June 2028.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The matter before the Fair Work Commission involved an application by Peteliss Pty Ltd T/A Subway for the approval of the Peteliss Pty Ltd Enterprise Agreement 2024. The application was brought under the Fair Work Act 2009, seeking the Commission's endorsement of the agreement that had been negotiated between the company and its employees. The dispute centred on the terms and conditions of employment outlined in the proposed agreement, which the parties needed to be legally recognised and enforceable.

The primary legal issues the Commission had to address included whether the agreement met the statutory requirements for approval under the Fair Work Act, including whether it provided for the fair and reasonable terms and conditions of employment, and whether it had been genuinely negotiated. The Commission also had to consider whether the agreement complied with the 'better off overall test', ensuring that employees would not be worse off financially if the agreement replaced their existing awards.

In reaching its decision, the Commission examined the provisions of the agreement, the process of negotiation, and the evidence presented by both parties. The Commission found that the agreement had been negotiated in good faith and contained terms that were fair and reasonable. The agreement was deemed to comply with the statutory requirements, including the better off overall test. The Commission concluded that the proposed agreement was appropriate for approval and directed that it be registered.

The final orders of the Commission were that the Peteliss Pty Ltd Enterprise Agreement 2024 be approved and registered under the Fair Work Act, effective from the date of the decision. The agreement would now govern the terms and conditions of employment for the employees covered by the agreement, providing a legally binding framework for their employment relationship.

Peteliss Pty Ltd T/A Subway

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established