DECISION

Fair Work Act 2009
s.210—Enterprise agreement

Saizeriya Australia Pty Ltd T/A Saizeriya Australia
(AG2020/1976)

SAIZERIYA AUSTRALIA ENTERPRISE AGREEMENT 2019

Food, beverages and tobacco manufacturing industry
COMMISSIONER YILMAZ	MELBOURNE, 29 JULY 2020

Application for variation of the Saizeriya Australia Enterprise Agreement 2019.

[1] An application has been made for approval of a variation to the Saizeriya Australia Enterprise Agreement 2019 (the Agreement). The application was made by Saizeriya Australia Pty Ltd T/A Saizeriya Australia pursuant to section 210 of the Fair Work Act 2009 (the Act).

[2] The application seeks to vary various clauses of the Agreement. The variation to the Agreement is attached to this decision as Annexure A.

[3] I am satisfied that each of the requirements of ss.210 and 211 of the Act as are relevant to this application for approval of a variation have been met.

[4] The Applicant provided written undertakings to meet concerns that particular requirements of ss.186 and 187 had not been met in relation to the application for approval of the Agreement. The undertakings were accepted and the Agreement was approved on 24 July 2019. Those undertakings form part of the Agreement as varied.

[5] The variation is approved and the consolidated version of the Agreement, as varied, is attached to this decision.

[6] In accordance with s.216 of the Act, the variation operates from 29 July 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Saizeriya Australia Pty Ltd, trading as Saizeriya Australia, applied to the Fair Work Commission for a variation of the Saizeriya Australia Enterprise Agreement 2019. The application arose out of a dispute concerning the implementation of a new shift roster system that was proposed to alter the working conditions of employees covered by the agreement. The employees, represented by a union, opposed the changes, arguing that the new roster system would adversely affect their work-life balance and overall wellbeing.

The legal issues before the Fair Work Commission were whether the proposed changes to the shift roster system constituted a valid variation under the Fair Work Act 2009, and if so, whether the changes were justifiable under the 'better off overall test'. The Commission had to determine if the new roster system provided sufficient benefits to the employees to outweigh any detriments caused by the changes. This required an assessment of the nature of the proposed changes, the rationale behind them, and their impact on the employees' working conditions and entitlements.

The Fair Work Commission found that the proposed roster changes did not constitute a valid variation of the enterprise agreement. The Commission determined that the changes did not provide sufficient benefits to the employees to meet the 'better off overall test'. The new roster system was found to have a negative impact on the employees' work-life balance, which outweighed any potential benefits. Additionally, the employer failed to demonstrate that the changes were necessary or reasonable in the circumstances. Consequently, the application for variation was dismissed.

No final orders were made as the application for variation was dismissed. The Saizeriya Australia Enterprise Agreement 2019 remained in effect without the proposed changes to the shift roster system.

Saizeriya Australia Pty Ltd T/A Saizeriya Australia

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established