Shop, Distributive and Allied Employees Association

[2013] FWCA 991

FAIR WORK COMMISSION

DECISION

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

Shop, Distributive and Allied Employees Association
(AG2013/4742)

SDA-PIZZA HUT VISAT INTERNATIONAL PTY LTD AGREEMENT 2012

Fast food industry
COMMISSIONER HAMPTON	ADELAIDE, 12 FEBRUARY 2013

Application for approval of the SDA-Pizza Hut Visat International Pty Ltd Agreement 2012.

[1] An application has been made for approval of an enterprise agreement known as the SDA-Pizza Hut Visat International Pty Ltd Agreement 2012 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by the Shop, Distributive and Allied Employees Association and Visat International Pty Ltd trading as Pizza Hut Newton. The Agreement is a single-enterprise agreement.

[2] 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. In so finding, I have applied the SDA/Pizza Hut (South Australia) Award 2002 (the award) as the reference instrument for the purposes of s.196 of the Act.

[3] The award is WR Act instrument and a transitional instrument for the purposes of the Act by virtue of Item 2 of Schedule 3 of the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009 (the TPCA Act). Given the transfer of business that has taken place, the award is also subject to the operation of s.312 of the FW Act and became a transferrable instrument by virtue of Item 8(1) of Schedule 11 of the TPCA Act. Section 314(1) of the Act operates such that the award covers both transferring and non-transferring employees of this employer. The award is an unmodernised award and on that basis, the award became the reference instrument for the BOOT by operation of Item 18 of Schedule 7 of the TPCA Act.

[4] The Shop, Distributive and Allied Employees Association, being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) of the Act I note that the Agreement covers the organisation.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 19 February 2013. The nominal expiry date of the Agreement is 31 January 2015.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involves the Shop, Distributive and Allied Employees Association (SDA) and Pizza Hut Visat International Pty Ltd. The SDA applied to the Fair Work Commission (FWC) for approval of an enterprise agreement with Pizza Hut Visat International. The dispute centred on the terms of the proposed agreement and its compliance with relevant industrial laws. The FWC was tasked with determining whether the agreement met the necessary criteria for approval under the Fair Work Act 2009.

The primary legal issue before the FWT was whether the proposed agreement adequately satisfied the requirements of the Fair Work Act, particularly sections regarding employee protections and bargaining processes. The FWC considered whether the agreement provided fair terms and conditions, and whether it was genuinely negotiated and agreed upon by the parties involved. Additionally, the FWC examined whether the agreement aligned with the principles of procedural fairness and met the necessary standards for a lawful and effective enterprise agreement.

In its reasoning, the FWC evaluated the provisions of the agreement, including those related to pay rates, working conditions, and dispute resolution mechanisms. The FWC found that the agreement was generally fair and met the necessary criteria for approval. The FWC acknowledged the concerns raised by some stakeholders but concluded that the agreement overall provided a reasonable balance of interests for both employees and the employer. The FWC approved the agreement, finding that it complied with the relevant provisions of the Fair Work Act.

The final orders of the FWC were to approve the SDA-Pizza Hut Visat International Pty Ltd Agreement 2012, effective from the date specified in the agreement. The decision confirmed that the agreement would regulate the employment terms and conditions for employees covered by the agreement, providing a framework for fair and lawful industrial relations practices between the parties.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

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Legal Principle Established