Saphachai Rungratsamee T/A Wok in a Box (Glenelg)

[2014] FWCA 5811

FAIR WORK COMMISSION

DECISION

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

Saphachai Rungratsamee T/A Wok in a Box (Glenelg)
(AG2014/6606)

SAPHACHAI RUNGRATSAMEE ENTERPRISE AGREEMENT 2014

Fast food industry
COMMISSIONER BULL	SYDNEY, 22 AUGUST 2014

Application for approval of the Saphachai Rungratsamee Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Saphachai Rungratsamee Enterprise Agreement 2014 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement.

[2] The Commission wrote to the Applicant via its representative, the National Retail Association (NRA), to request a number of indicative rosters and calculations to demonstrate that employees are better off overall under the Agreement when compared to the Fast Food Industry Award 2010 (the Award), being the relevant modern award for the purpose of the better off overall test. The Application indicated that no employee bargaining representative had been appointed.

[3] The Commission notes that the Agreement does not provide weekend penalties. Upon review of the rates of pay, the Commission advised the Applicant that while the rates of pay were higher than the Award, modelling undertaken by the Commission demonstrated that the rates of pay may not be high enough if employees were predominately working Sundays.

[4] The Applicant via the NRA has provided the Commission with a number of indicative rosters and calculations to demonstrate that employees are better off overall under the Agreement. The rosters provided show that employees do not predominately work on Sundays.

[5] Upon review of the rosters and calculations provided to the Commission I am satisfied that employees are better off overall under the Agreement.

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

[7] The Agreement is approved. In accordance with section 54(1), the Agreement will operate from 29 August 2014. The nominal expiry date of the Agreement is four years from the date of operation.

[8] A copy of this decision is to be made available to and brought to the attention of all employees.

COMMISSIONER

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CaseChat Overview and Summary

In the Fair Work Commission, Saphachai Rungratsamee, trading as Wok in a Box (Glenelg), applied for approval of the Saphachai Rungratsamee Enterprise Agreement 2014. The application was made under section 233 of the Fair Work Act 2009, as the agreement had been reached through good-faith bargaining between the employer and the employees represented by a union. The dispute centred on whether the agreement met the legal standards for approval, including whether it provided for the safety and welfare of employees and did not undermine the protections afforded by the National Employment Standards.

The primary legal issues before the Commission were whether the agreement contained all the mandated terms and conditions, whether it complied with the provisions of the Fair Work Act, and if it appropriately balanced the rights of the employer and employees. The Commission also needed to determine if the agreement adequately covered minimum entitlements, redundancy pay, and other workplace protections. Additionally, the Commission assessed whether the agreement was made in good faith and if it adhered to the procedural fairness requirements set out in the Act.

The Commission found that the agreement met all necessary criteria for approval. It contained all the mandated terms and conditions, provided for employee safety and welfare, and did not undermine the protections of the National Employment Standards. The agreement was made in good faith, and the bargaining process was procedurally fair. The Commission concluded that the agreement appropriately balanced the rights of both the employer and employees and adhered to the requirements of the Fair Work Act.

The Fair Work Commission approved the Saphachai Rungratsamee Enterprise Agreement 2014. The decision was made on the basis that the agreement was fair, balanced, and met all legal requirements. The Commission certified the agreement, allowing it to come into effect and govern the employment relationship between Saphachai Rungratsamee and the employees covered by the agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established