Subfre Pty Ltd Summary

[2013] FWCA 2543

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Subfre Pty Ltd
(AG2013/6054)

SUBFRE ENTERPRISE AGREEMENT 2013

Fast food industry
DEPUTY PRESIDENT MCCARTHY	PERTH, 26 APRIL 2013

Application for approval of the Subfre Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Subfre 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] 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] The Agreement is approved and, in accordance with s.54 of the Act, will operate from seven days from the date of this decision. The nominal expiry date of the Agreement is four years from the date of this decision.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Subfre Pty Ltd, an employer, sought approval of the Subfre Enterprise Agreement 2013, which proposed to alter the terms and conditions of employment for its employees. The Australian Industrial Relations Commission (AIRC) was tasked with assessing the application and determining whether the agreement met the requirements of the Fair Work Act 2009.

The central legal issue before the commission was whether the proposed enterprise agreement complied with the procedural and substantive requirements set out in the Fair Work Act. Specifically, the commission needed to ascertain whether the agreement was made in good faith and whether it met the “better off overall test,” which ensures that employees are not worse off financially under the new agreement. The commission also considered whether the agreement included any terms that were outside the scope of the enterprise, which would render the agreement invalid.

In reaching its decision, the commission examined the evidence presented by both Subfre Pty Ltd and the relevant unions. It evaluated whether the negotiation process was genuine and whether the agreement was fair and reasonable in the circumstances. The commission found that the proposed agreement was made in good faith and that it met the better off overall test, as it provided employees with a range of benefits and improvements to their working conditions. Additionally, the commission determined that the terms of the agreement were within the scope of the enterprise, and thus, the agreement was valid.

Based on its findings, the Australian Industrial Relations Commission approved the Subfre Enterprise Agreement 2013. This decision allowed Subfre Pty Ltd to implement the new terms and conditions of employment for its employees as outlined in the approved agreement.

Subfre Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established