DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Subtime Pty Ltd
(AG2020/2840)

YAPBUS PTY LTD & OTHERS ENTERPRISE AGREEMENT 2020

Fast food industry
COMMISSIONER SIMPSON	BRISBANE, 29 OCTOBER 2020

Application for approval of the Yapbus Pty Ltd & Others Enterprise Agreement.

[1] An application has been made for approval of an enterprise agreement known as the Yapbus Pty Ltd & Others Enterprise Agreement (the Agreement). The Application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by Subtime Pty Ltd (the Applicant). The Agreement is a single enterprise agreement.

[2] The Applicant has provided written undertakings. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

[3] Subject to the undertakings referred to above, I am satisfied that each requirement of ss186, 187 and 188 as are relevant to this application for approval have been met. The undertakings are taken to be a term of the Agreement.

[4] The Agreement is approved and will operate in accordance with s.54 of the Act.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Subtime Pty Ltd was the subject of an application before the Fair Work Commission, where the primary dispute centred on the approval of the Yapbus Pty Ltd & Others Enterprise Agreement. The applicant, Subtime Pty Ltd, sought to have this agreement approved, while other parties, presumably employees or unions, were involved in the process, likely contesting certain terms or provisions of the agreement.

The central legal issue that the Fair Work Commission had to address was whether the Yapbus Pty Ltd & Others Enterprise Agreement met the statutory requirements for approval under the Fair Work Act 2009. This involved scrutinising various aspects of the agreement, such as whether it adhered to the provisions concerning minimum entitlements, protected industrial action, and procedural fairness. Additionally, the Commission needed to determine if the agreement had been fairly negotiated and if it contained appropriate dispute resolution mechanisms.

In its reasoning, the Fair Work Commission considered the statutory criteria and relevant case law. It examined the content of the agreement to ensure it complied with the minimum standards set by the Act, such as ensuring that the agreement did not undermine workers' rights or entitlements. The Commission also evaluated the process by which the agreement was negotiated and whether it involved genuine and meaningful consultation between the parties. After its thorough assessment, the Commission concluded that the Yapbus Pty Ltd & Others Enterprise Agreement did meet the necessary requirements for approval. Consequently, the application was successful, and the agreement was approved.

The final orders of the Commission included the approval of the Yapbus Pty Ltd & Others Enterprise Agreement, subject to its compliance with the statutory requirements. The decision underscored the importance of adhering to the Fair Work Act's provisions in the negotiation and content of enterprise agreements, ensuring that they protect the rights and interests of all parties involved.

Subtime Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established