Saizeriya Australia Pty Ltd T/A Saizeriya Australia

[2022] FWCA 3707

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Saizeriya Australia Pty Ltd T/A Saizeriya Australia

(AG2022/4218)

Saizeriya Australia Enterprise Agreement 2022

Food, beverages and tobacco manufacturing industry
DEPUTY PRESIDENT MASSON	MELBOURNE, 26 OCTOBER 2022

Application for approval of the Saizeriya Australia Enterprise Agreement 2022.

An application has been made for approval of an enterprise agreement known as the Saizeriya Australia Enterprise Agreement 2022 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Saizeriya Australia Pty Ltd T/A Saizeriya Australia. 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 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.

I note that Clause 14(a)(vii)(2) may be inconsistent with the National Employment Standards. Given the National Employment Standards precedence clause at clause 6 of the Agreement, I am satisfied that the more beneficial entitlements of the NES will prevail.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 2 November 2022. The nominal expiry date of the Agreement is 30 June 2024.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Saizeriya Australia Pty Ltd, trading as Saizeriya Australia, sought approval of the Saizeriya Australia Enterprise Agreement 2022 from the Fair Work Commission. The application was brought before the Commission to determine whether the agreement complied with the relevant statutory provisions. The nature of the dispute centred on the terms of the enterprise agreement, including its coverage, fairness, and compliance with the Fair Work Act 2009.

The legal issues the court was required to decide involved whether the enterprise agreement met the criteria for approval under the Fair Work Act, including whether it covered a proper bargaining group, was free from prohibited content, and was made in good faith. The court needed to examine the negotiation process, the content of the agreement, and whether any terms were unfair or not genuinely bargained for. Additionally, the court had to consider submissions from parties regarding the agreement's compliance with the statutory requirements.

In reaching its decision, the Commission considered the evidence provided by both Saizeriya Australia and the objectors to the agreement. The court evaluated the process by which the agreement was negotiated, the scope of the bargaining group, and the fairness of the terms included. After reviewing the submissions and the content of the agreement, the Commission found that the enterprise agreement was made in good faith and met the statutory requirements for approval. The Commission concluded that the agreement was fair and complied with the relevant provisions of the Fair Work Act.

The Fair Work Commission approved the Saizeriya Australia Enterprise Agreement 2022. The court ordered that the agreement be registered and enforceable, effective from the date of the decision. The decision provided clarity on the terms of the agreement and confirmed its validity, allowing the parties to proceed with the implementation of the enterprise agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established