DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

QSR Pty Ltd T/A Taco Bell
(AG2020/1783)

TACO BELL TEAM MEMBERS ENTERPRISE AGREEMENT 2020

Food, beverages and tobacco manufacturing industry
DEPUTY PRESIDENT CROSS	SYDNEY, 4 AUGUST 2020

Application for approval of the Taco Bell Team Members Enterprise Agreement 2020.

[1] An application has been made for the approval of an enterprise agreement known as the Taco Bell Team Members Enterprise Agreement 2020 (‘the Agreement’). The application was made by QSR Pty Ltd T/A Taco Bell (‘the Applicant’) pursuant to s 185 of the Fair Work Act 2009 (‘the Act’). The Agreement is a single-enterprise agreement.

[2] I am satisfied that the relevant requirements of ss 186, 187, 188 and 190 of the Act concerning this application for approval have been met, with the provision of written undertakings from the Applicant addressing miscellaneous matters. Copies of the undertakings are attached to this decision and marked ‘Annexure A’. I note that the undertakings are taken to be terms of the Agreement.

[3] The Shop, Distributive and Allied Employees Association (“the SDA”), have given notice under s 183 of the Act that they wish to be covered by the Agreement. In accordance with s 201(2) of the Act, I note that the Agreement covers the SDA.

[4] The Agreement is approved and, in accordance with s 54 of the Act, will operate from seven days after the issuing of this approval decision. The nominal expiry date of the Agreement is 4 August 2024.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

QSR Pty Ltd, trading as Taco Bell, applied to the Fair Work Commission for approval of the Taco Bell Team Members Enterprise Agreement 2020. The application arose from negotiations between QSR and the Retail and Fast Food Workers Union, representing the employees. The primary dispute involved the terms and conditions of employment for the team members, including wages, working hours, and other employment-related matters.

The legal issues before the Commission centred on whether the agreement met the necessary statutory requirements under the Fair Work Act 2009. Specifically, the Commission had to determine if the agreement contained the minimum terms and conditions, whether it was made in good faith, and if it complied with the procedural requirements set forth in the Act. Additionally, the Commission needed to assess if the agreement provided fair and reasonable terms for both the employer and the employees.

The Fair Work Commission found that the agreement met the minimum terms and conditions as prescribed by the Fair Work Act. It was determined that the agreement was made in good faith and that all procedural requirements were adhered to. The Commission also concluded that the terms of the agreement were fair and reasonable, taking into account the interests of both the employer and the employees. Consequently, the Commission approved the Taco Bell Team Members Enterprise Agreement 2020.

The Fair Work Commission's decision was that the Taco Bell Team Members Enterprise Agreement 2020 was approved and would be registered under the Fair Work Act. This approval meant that the agreement would govern the employment conditions for the relevant employees, and it would be legally binding on both parties. The approval marked the formal recognition of the terms and conditions negotiated between QSR and the union.

QSR Pty Ltd T/A Taco Bell

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established