SSL Family Pty Ltd

[2013] FWCA 9181

The attached document replaces the document previously issued with the above code on 21 November 2013.

To replace the words ‘General Retail Industry Award 2010’ at paragraph 2 of the decision with the words ‘Fast Food Industry Award 2010’.

Alyce Bowe

Associate to Commissioner Bull.

Dated 21 November 2013.

[2013] FWCA 9181

FAIR WORK COMMISSION

DECISION

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

SSL Family Pty Ltd
(AG2013/11339)

SSL FAMILY ENTERPRISE AGREEMENT 2013

Fast food industry
COMMISSIONER BULL	SYDNEY, 21 NOVEMBER 2013

Application for approval of the SSL Family Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the SSL Family Enterprise Agreement 2013 (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] On 15 November 2013, the Commission wrote to the Applicant via its legal representative with respect to the minimum wage rate schedules contained in the Agreement. In particular, the Applicant was requested to provide a number of indicative rosters and calculations as the Commission notes that casual employees engaged under the various wage schedules receive a casual loading that is less than what the Fast Food Industry Award 2010 (the Award), being the relevant modern award for the purposes of the better off overall test provides. Further the Commission also notes that the weekend penalty rates and public holiday rates are less than what the Award provides.

[3] Correspondence was received from the Applicant’s legal representative on 18 November 2013.

[4] The Applicant has provided an analysis for each of the wage rate schedules under the Agreement, modelling a number of indicative rosters to show that employees are better off overall, although the margin is minimal.

[5] I am satisfied upon review of the rosters and calculations provided by the Applicant that employees covered by this Agreement will be better off overall.

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

[7] The Agreement is approved. In accordance with s.54(1) the Agreement will operate from 28 November 2013. The nominal expiry date of the Agreement is four years from the date of operation.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The parties in the matter were SSL Family Pty Ltd and its employees. The dispute was regarding the approval of an Enterprise Agreement between the company and its workers. The Fair Work Commission was the court that heard the case. The legal issues that the court had to decide were whether the Enterprise Agreement met the requirements of the Fair Work Act 2009 and if it was in the best interests of the employees.

The court examined the terms of the Enterprise Agreement and the process that was followed to create it. The court found that the agreement was made fairly and in good faith and that it contained all the necessary provisions. The court also considered the views of the employees and the company, as well as any relevant evidence. The court was satisfied that the agreement was in the best interests of the employees and approved it.

The court's decision was based on a detailed analysis of the agreement and the process that was followed to create it. The court found that the agreement met all the legal requirements and that it was fair and reasonable. The court also considered the views of the employees and the company and found that the agreement was in the best interests of the employees. The court approved the Enterprise Agreement, and it became legally binding on both parties.

The final orders of the court were that the SSL Family Enterprise Agreement 2013 be approved and that it be registered with the Fair Work Commission. The agreement will now govern the employment conditions of the employees of SSL Family Pty Ltd.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established