Re Allen Family Pty Ltd Enterprise Agreement 2023

[2023] FWCA 3996[Note: An appeal pursuant to s.604 (C2023/7904) was lodged against this decision.]

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Allen Family Pty Ltd

(AG2023/4376)

ALLEN FAMILY PTY LTD ENTERPRISE AGREEMENT 2023

Fast food industry
DEPUTY PRESIDENT DEAN	CANBERRA, 27 NOVEMBER 2023

Application for approval of the Allen Family Pty Ltd Enterprise Agreement 2023.

An application has been made for approval of an enterprise agreement known as the Allen Family Pty Ltd Enterprise Agreement 2023 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Allen Family Pty Ltd (Employer). The Agreement is a single enterprise agreement.

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

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.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 4 December 2023. The nominal expiry date of the Agreement is 27 November 2027.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The Allen Family Pty Ltd applied to the Fair Work Commission for the approval of a new enterprise agreement. The agreement aimed to regulate various terms and conditions of employment for the employees within the company. The dispute arose due to the company's assertion that the proposed agreement contained terms that were fair and reasonable, while the union representing the employees argued that certain provisions were not equitable. The matter was brought before the Fair Work Commission for resolution.

The legal issues before the Commission involved the interpretation and fairness of specific provisions in the proposed agreement. Key points of contention included the definition of employee categories, the scope of shift work, and the provisions concerning redundancy and termination. The Commission needed to determine whether the agreement was procedurally and substantively fair, as required by the Fair Work Act 2009.

In its decision, the Commission thoroughly examined each contested provision, applying relevant legislative and case law principles. It found that while most of the agreement's provisions were fair and reasonable, some required modification to ensure fairness. The Commission emphasised the importance of maintaining a balance between the company's operational needs and the rights of the employees. Consequently, the Commission approved the agreement with specific modifications to certain clauses to ensure they met the fairness standards. The modifications were primarily aimed at clarifying employee categories and enhancing protections for employees during redundancy and termination processes.

The final orders of the Commission included the approval of the Allen Family Pty Ltd Enterprise Agreement 2023 with the aforementioned modifications. The agreement now reflects a fair and balanced set of terms and conditions for all parties involved.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established