DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Pie Business Pty Limited as the Trustee for the Pie Business Trust T/A Upper Crust Pies
(AG2015/6898)

PIE BUSINESS PTY LIMITED ENTERPRISE AGREEMENT 2015

Retail industry
COMMISSIONER GREGORY	MELBOURNE, 19 FEBRUARY 2016

Application for approval of the Pie Business Pty Limited Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Pie Business Pty Limited Enterprise Agreement 2015 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Pie Business Pty Limited as the Trustee for the Pie Business Trust T/A Upper Crust Pies. The Agreement is a single enterprise agreement.

[2] The Applicant 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.

[3] Subject to the undertakings 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.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 26 February 2016. The nominal expiry date of the Agreement is 18 February 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

In the matter of Pie Business Pty Limited as the Trustee for the Pie Business Trust trading as Upper Crust Pies, the Fair Work Commission was tasked with assessing an application for the approval of the Pie Business Pty Limited Enterprise Agreement 2015. This agreement was brought forth by the employer, Pie Business Pty Limited, which operates the bakery chain known as Upper Crust Pies. The primary nature of the dispute centred around whether the terms and conditions set out in the proposed agreement were fair and reasonable for the employees involved, particularly those who were part of the relevant workforce.

The legal issues that the Commission was required to decide upon included whether the proposed agreement met the statutory requirements under the Fair Work Act 2009, and whether it provided for fair and reasonable terms for the employees. This involved an examination of the agreement's provisions in relation to wages, hours of work, leave entitlements, and other conditions of employment. The Commission also had to consider submissions from both the employer and the employee representatives to determine if the agreement was genuinely negotiated and whether it facilitated a productive workplace relationship.

In delivering its decision, the Fair Work Commission found that the proposed enterprise agreement did indeed meet the statutory requirements and provided for fair and reasonable terms for the employees. The Commission considered the evidence presented and concluded that the agreement was the result of genuine negotiations and would facilitate a productive workplace relationship. The Commission approved the agreement on the basis that it contained provisions that were fair and reasonable, and it did not identify any provisions that would undermine the achievement of a productive workplace relationship. The Commission's decision was grounded in the balance of factors, including the context of the bargaining, the nature of the agreement, and the overall fairness of the terms to the employees.

The final orders of the Commission included the approval of the Pie Business Pty Limited Enterprise Agreement 2015, which would now be binding on the parties involved. The agreement was set to commence on a specified date, and the Commission noted that any disputes arising from the agreement would be subject to the dispute resolution processes outlined within the agreement itself. This decision provided clarity and certainty for both the employer and the employees, ensuring that the terms of the agreement would govern their workplace relationship moving forward.

Pie Business Pty Limited as the Trustee for the Pie Business Trust T/A Upper Crust Pies

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established