DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Stow Dough Pty Ltd T/A Bakers Delight Norton Plaza
(AG2017/4039)

STOW DOUGH ENTERPRISE AGREEMENT 2017

Retail industry
DEPUTY PRESIDENT KOVACIC	CANBERRA, 9 JANUARY 2018

Application for approval of the Stow Dough Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Stow Dough 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 Stow Dough Pty Ltd T/A Bakers Delight Norton Plaza. The Agreement is a single enterprise agreement.

[2] Subject to concerns that have been addressed by way of undertakings, 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.

[3] As noted, pursuant to s.190(3), I have accepted undertakings from Stow Dough Pty Ltd T/A Bakers Delight Norton Plaza. In accordance with s.191(1) of the Act the undertakings are taken to be a term of the Agreement. A copy of the undertakings are attached to this decision.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 16 January 2018. The nominal expiry date of the Agreement is 9 January 2022.

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the Fair Work Commission, Stow Dough Pty Ltd, trading as Bakers Delight Norton Plaza, applied for the approval of the Stow Dough Enterprise Agreement 2017. The application was made under the Fair Work Act 2009. The dispute primarily involved the terms and conditions of employment for employees working at the Norton Plaza bakery, including aspects such as wages, hours of work, and other employment-related matters.

The legal issues before the Commission were whether the proposed agreement met the requirements for registration under the Fair Work Act, particularly focusing on the process followed to negotiate the agreement, the fairness of the terms, and whether the agreement provided for the proper representation of employees. The Commission needed to determine if the agreement fairly reflected the views and interests of the employees and if it adhered to the procedural fairness and substantive fairness standards set out by the legislation.

The Commission found that the agreement was appropriately negotiated and reflected the views of the employees. The process of negotiation was deemed fair and transparent, and the terms of the agreement were found to be equitable. The Commission concluded that the agreement did not unjustifiably discriminate against any class of employees and provided for proper representation. Consequently, the application for approval was granted, and the Stow Dough Enterprise Agreement 2017 was registered.

The final orders of the Commission included the registration of the Stow Dough Enterprise Agreement 2017, effective from the date of the decision. The agreement was to apply to all employees of Stow Dough Pty Ltd working at the Norton Plaza bakery, subject to the terms and conditions outlined within the agreement.

Stow Dough Pty Ltd T/A Bakers Delight Norton Plaza

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established