TJAZ Holdings Pty Ltd as Trustee for The McKinnie Family Trust T/A Subway
[2021] FWCA 230
•18 JANUARY 2021
| [2021] FWCA 230 |
| FAIR WORK COMMISSION |
DECISION |
Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement
TJAZ Holdings Pty Ltd as Trustee for The McKinnie Family Trust T/A Subway
(AG2020/3950)
TJAZ HOLDINGS PTY LTD ENTERPRISE AGREEMENT 2020
Fast food industry | |
COMMISSIONER HUNT | BRISBANE, 18 JANUARY 2021 |
Application for approval of the TJAZ Holdings Pty Ltd Enterprise Agreement 2020.
[1] TJAZ Holdings Pty Ltd as Trustee for The McKinnie Family Trust T/A Subway (the Employer) has applied for approval of an enterprise agreement known as the TJAZ Holdings Pty Ltd Enterprise Agreement 2020 (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] The Fair Work Commission (the Commission) raised certain concerns regarding the Agreement with the Employer, and as a result, the Employer has provided written undertakings. A copy of the undertakings is attached at Annexure A.
[3] 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. Pursuant to s.190 of the Act, I accept the undertakings. In accordance with s.201(3) of the Act, I note that the undertakings are taken to be a term of the Agreement. The model flexibility term is also taken to be a term of the Agreement.
[4] I have taken into consideration the material filed in the Commission. 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.
[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 25 January 2021. The nominal expiry date of the Agreement is one year from the date of approval in accordance with clause 4.1.
COMMISSIONER
Printed by authority of the Commonwealth Government Printer
<AE510126 PR726241>
Annexure A:
0
0
0