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

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Annexure A:

CaseChat Overview and Summary

The case involved TJAZ Holdings Pty Ltd, acting as trustee for The McKinnie Family Trust trading as Subway, and the Fair Work Commission. The dispute was an application for approval of the TJAZ Holdings Pty Ltd Enterprise Agreement 2020, which was intended to regulate the terms and conditions of employment for Subway employees within the organisation. The matter was heard and decided by the Fair Work Commission, a tribunal established under the Fair Work Act 2009.

The central legal issues before the Commission were whether the Enterprise Agreement complied with the statutory requirements and whether it was fair and reasonable in all its aspects. Specifically, the Commission needed to assess whether the agreement met the criteria for approval under section 232 of the Fair Work Act, including whether it provided for the terms and conditions of employment, it was in writing, and it was not discriminatory or unjust. The Commission also had to determine if the agreement had been genuinely negotiated and if it provided for the proper regulation of the workplace.

In its decision, the Fair Work Commission found that the Enterprise Agreement complied with the statutory requirements. The Commission noted that the agreement contained all the necessary provisions and was appropriately structured to meet the legal standards. The Commission also concluded that the agreement was fair and reasonable, having been genuinely negotiated between the employer and the employees' representatives. It was determined that the agreement did not contain any discriminatory or unjust terms and provided for the proper regulation of the workplace. Consequently, the Fair Work Commission approved the TJAZ Holdings Pty Ltd Enterprise Agreement 2020, confirming its validity and enforceability.

No further orders were made beyond the approval of the agreement. The decision underscored the importance of adhering to the statutory requirements and the need for genuine negotiation in the formation of enterprise agreements, which are essential for maintaining fair and effective workplace relations.

TJAZ Holdings Pty Ltd as Trustee for The McKinnie Family 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