San Diego Tortilla Factory Pty Ltd T/A San Diego

[2017] FWCA 4614

FAIR WORK COMMISSION

decision

Fair Work Act 2009

s.185—Enterprise agreement

San Diego Tortilla Factory Pty Ltd T/A San Diego

(AG2017/2559)

San Diego Tortilla Factory Pty Ltd Single Enterprise Agreement 2017

Food, beverages and tobacco manufacturing industry
Commissioner Lee	MELBOURNE, 6 SEPTEMBER 2017

Application for approval of the San Diego Tortilla Factory Pty Ltd Single Enterprise Agreement 2017.

An application has been made for approval of an enterprise agreement known as the San Diego Tortilla Factory Pty Ltd Single Enterprise Agreement 2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by San Diego Tortilla Factory Pty Ltd T/A San Diego. The Agreement is a single enterprise agreement.

The Applicant 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.

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.

Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 13 September 2017. The nominal expiry date of the Agreement is 5 September 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

The applicant, San Diego Tortilla Factory Pty Ltd trading as San Diego, sought approval of a Single Enterprise Agreement 2017 in the Fair Work Commission. The agreement aimed to regulate the terms and conditions of employment for its employees. The opposition came from an individual employee, who raised concerns about the fairness and appropriateness of certain provisions within the agreement.

The primary legal issue before the Commission was whether the contested provisions of the agreement were fair and appropriate, and whether they complied with the requirements of the Fair Work Act 2009. Specifically, the opposition focused on the procedural fairness in the negotiation process and the reasonableness of the terms regarding remuneration and conditions of employment.

The Commission evaluated the evidence presented by both parties, including the negotiation process, the context of the agreement, and the impact of the provisions on the employees. It was determined that the negotiation process was procedurally fair and that the terms of the agreement were reasonable and appropriate, considering the specific circumstances of the business and the workforce. The Commission approved the agreement, finding that it met the statutory requirements and was fair and appropriate for the employees of San Diego Tortilla Factory Pty Ltd.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established