DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Synergy Subs Pty Ltd as the Trustee for Sub Corp Unit Trust T/A Subway
(AG2019/1971)

SYNERGY SUBS PTY LTD ENTERPRISE AGREEMENT 2019

Fast food industry
DEPUTY PRESIDENT MASSON	MELBOURNE, 25 JUNE 2019

Application for approval of the Synergy Subs Pty Ltd Enterprise Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the Synergy Subs Pty Ltd Enterprise Agreement 2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Synergy Subs Pty Ltd as the Trustee for Sub Corp Unit Trust T/A Subway. The Agreement is a single enterprise agreement.

[2] 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.

[3] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 2 July 2019. The nominal expiry date of the Agreement is 24 June 2022.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the recent decision of Synergy Subs Pty Ltd as the Trustee for Sub Corp Unit Trust T/A Subway, the Fair Work Commission was asked to approve an Enterprise Agreement (the "Agreement"). The applicant, Synergy Subs Pty Ltd, sought approval of the Agreement, which was to be applied to its employees. The dispute involved various terms and conditions of employment, including wages, working hours, and other employment-related matters.

The legal issues before the Commission centred on whether the Agreement complied with the relevant provisions of the Fair Work Act 2009. Specifically, the Commission needed to determine if the Agreement met the requirements for "enterprise agreements" under the Act, including whether it had been made "in good faith" and whether it facilitated "efficient, productive and harmonious workplace relations." Additionally, the Commission considered whether the Agreement provided for the "fair and reasonable" terms and conditions of employment for the employees covered by it.

In delivering its decision, the Commission carefully examined the terms of the Agreement and the process by which it was made. The Commission found that the Agreement had been negotiated in good faith and that it contained provisions that facilitated efficient, productive, and harmonious workplace relations. The Commission was satisfied that the Agreement provided for fair and reasonable terms and conditions of employment for the employees covered by it. Consequently, the Commission approved the Agreement as compliant with the requirements of the Act.

The Fair Work Commission approved the Synergy Subs Pty Ltd Enterprise Agreement 2019, thereby resolving the dispute and ensuring that the terms and conditions of employment for the employees covered by the Agreement were legally compliant and fair.

Synergy Subs Pty Ltd as the Trustee for Sub Corp Unit Trust T/A Subway

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established