DECISION

Fair Work Act 2009
s.185—Enterprise agreement

The Cake Syndicate Pty Ltd T/A Susan Day Cakes
(AG2018/5030)

THE CAKE SYNDICATE PTY LTD (TRADING AS SUSAN DAY CAKES) ENTERPRISE AGREEMENT 2018 - 2020.

Food, beverages and tobacco manufacturing industry
DEPUTY PRESIDENT MASSON	MELBOURNE, 21 JANUARY 2019

Application for approval of the THE CAKE SYNDICATE Pty Ltd (trading as Susan Day Cakes) ENTERPRISE AGREEMENT 2018-2020.

[1] An application has been made for approval of an enterprise agreement known as THE CAKE SYNDICATE Pty Ltd (trading as Susan Day Cakes) ENTERPRISE AGREEMENT 2018-2020 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by The Cake Syndicate Pty Ltd T/A Susan Day Cakes. The Agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. 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 of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[4] The United Voice being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 28 January 2019. The nominal expiry date of the Agreement is 30 June 2020.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The Cake Syndicate Pty Ltd (trading as Susan Day Cakes) sought approval of their enterprise agreement for the period 2018-2020 before the Fair Work Commission. The applicant, represented by its employer, sought approval of the agreement under the Fair Work Act 2009, to ensure that it complied with the legislative requirements for enterprise agreements. The Fair Work Commission was required to determine whether the agreement met the necessary criteria for approval, including whether it complied with the provisions of the Fair Work Act and provided for a fair and equitable outcome for all parties involved.

The primary legal issue before the Commission was whether the enterprise agreement met the requirements of section 232 of the Fair Work Act 2009. This involved examining whether the agreement contained the necessary provisions for a fair and reasonable outcome for all parties involved, including employees, employers, and the public interest. The Commission also had to consider whether the agreement complied with the procedural requirements for approval under section 230 of the Fair Work Act, including whether it had been properly negotiated and whether it had been properly submitted for approval. Additionally, the Commission had to consider whether the agreement met the requirements of section 234 of the Fair Work Act, which requires that an agreement be certified as free from illegality and be in the public interest.

The Fair Work Commission found that the enterprise agreement met all the necessary criteria for approval. The Commission determined that the agreement provided for a fair and reasonable outcome for all parties involved, and that it complied with the procedural requirements for approval under the Fair Work Act. The Commission also found that the agreement was free from illegality and was in the public interest. The Commission approved the enterprise agreement and made an order under section 235 of the Fair Work Act that it be registered as a certified agreement. This means that the agreement is now legally binding on all parties involved and cannot be challenged in court.

The Fair Work Commission's decision to approve the enterprise agreement provides clarity and certainty for all parties involved in the agreement. It confirms that the agreement is fair and reasonable, and that it complies with the legislative requirements for enterprise agreements. This decision sets a precedent for future enterprise agreements and provides guidance for employers and employees on the requirements for a valid and enforceable agreement.

The Cake Syndicate Pty Ltd T/A Susan Day Cakes

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established