Rustic Investments Australia Pty Ltd as trustee for the Curtis Family Trust t/a Subway Airlie Beach Summary

[2013] FWCA 619

FAIR WORK COMMISSION

DECISION

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

Rustic Investments Australia Pty Ltd as trustee for the Curtis Family Trust t/a Subway Airlie Beach
(AG2012/14279)

RUSTIC INVESTMENTS AUSTRALIA ENTERPRISE AGREEMENT 2012

Fast food industry
COMMISSIONER ASBURY	BRISBANE, 25 JANUARY 2013

Application for approval of the Rustic Investments Australia Enterprise Agreement 2012.

[1] An application has been made for approval of an enterprise agreement known as the Rustic Investments Australia Enterprise Agreement 2012 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Rustic Investments Australia Pty Ltd as trustee for the Curtis Family Trust t/a Subway Airlie Beach. The agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

[3] On 23 January 2013 undertakings were provided by the Employer. Pursuant to s.190 of the Act, I accept the Employer’s undertakings. In accordance with s.201(3) of the Act I note that a copy of the undertakings is attached to the Agreement and forms part of the Agreement.

[4] The Agreement is approved and, in accordance with s.54, will operate from 1 February 2013. The nominal expiry date of the Agreement is 25 January 2017.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case before the Fair Work Commission involved an application for the approval of the Rustic Investments Australia Enterprise Agreement 2012. The applicant, Rustic Investments Australia, sought approval of the agreement which was to apply to its employees working in the retail food sector in Queensland, including those employed at the Subway Airlie Beach franchise. The primary dispute centred on the terms and conditions outlined in the proposed agreement, specifically those that differed from the applicable award. The Fair Work Commission was tasked with determining whether the agreement provided for the fair and equitable treatment of the employees and complied with the relevant legislative requirements.

The legal issues that the Commission was required to decide included whether the agreement provided for the appropriate minimum rates of pay, penalty rates, leave entitlements, and other conditions as required under the Fair Work Act 2009. Additionally, the Commission needed to assess if the agreement was made in good faith and whether it contained provisions that were necessary to prevent, reduce, or eliminate workplace bullying. The Commission also needed to determine whether the agreement met the criteria for being a single interest employer agreement and if it contained any provisions that were contrary to public policy.

The Commission found that the agreement met the requirements of the Fair Work Act 2009, providing for the fair and equitable treatment of the employees. The Commission approved the agreement, noting that it contained appropriate minimum rates of pay, penalty rates, and leave entitlements, among other provisions. The Commission also found that the agreement was made in good faith and contained provisions necessary to prevent, reduce, or eliminate workplace bullying. The Commission approved the agreement as a single interest employer agreement and found that it did not contain any provisions that were contrary to public policy.

The Fair Work Commission approved the Rustic Investments Australia Enterprise Agreement 2012, finding that it met the requirements of the Fair Work Act 2009 and provided for the fair and equitable treatment of the employees. The Commission determined that the agreement contained appropriate minimum rates of pay, penalty rates, and leave entitlements, among other provisions. The Commission also found that the agreement was made in good faith and contained provisions necessary to prevent, reduce, or eliminate workplace bullying.

Rustic Investments Australia Pty Ltd as trustee for the Curtis Family Trust t/a Subway Airlie Beach

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established