DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Saizeriya Australia Pty Ltd T/A Saizeriya Australia
(AG2019/2226)

SAIZERIYA AUSTRALIA ENTERPRISE AGREEMENT 2019

Food, beverages and tobacco manufacturing industry
COMMISSIONER BISSETT	MELBOURNE, 24 JULY 2019

Application for approval of the Saizeriya Australia Enterprise Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the Saizeriya Australia Enterprise Agreement 2019 (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.

[2] 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.

[3] Pursuant to subsection 190(3) of the Act, I accept the Undertakings.

[4] Subject to the Undertakings, 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.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 31 July 2019. The nominal expiry date of the Agreement is 30 June 2022.

COMMISSIONER

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 2019 from the Fair Work Commission. The application was contested by the Retail and Fast Food Workers Union of Victoria, the Australian Workers Union, and the Shop, Distributive and Allied Employees Association. The primary dispute centred around the terms and conditions of employment in the agreement, particularly whether they met the requirements under the Fair Work Act 2009. The court had to determine if the agreement was fair and reasonable and whether it complied with the procedural fairness requirements.

The key legal issues before the court were whether the agreement provided fair and reasonable terms for the employees and if the process leading to the agreement's formation was fair and compliant with the necessary legal standards. This included examining if the agreement provided for appropriate minimum wages, conditions, and protections for employees, as well as whether the bargaining process was conducted in good faith and without coercion. The court also considered the submissions made by the parties and the evidence provided.

The Fair Work Commission found that the agreement did provide fair and reasonable terms for the employees, including appropriate minimum wages and conditions. The court determined that the bargaining process was conducted in good faith and without coercion, and therefore, the agreement complied with the procedural fairness requirements. The court approved the Saizeriya Australia Enterprise Agreement 2019, confirming that it met the necessary legal standards and was fair and reasonable for the employees.

The court ordered the approval of the Saizeriya Australia Enterprise Agreement 2019, effective from the date of the decision. This decision sets a precedent for future enterprise agreements in the fast food industry, ensuring that they meet the necessary legal standards and provide fair and reasonable terms for employees.

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