DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Trower Enterprises Pty Ltd T/A Sumo Salad Ellenbrook
(AG2015/2557)

TROWER ENTERPRISE AGREEMENT 2015

Fast food industry
COMMISSIONER LEE	MELBOURNE, 5 JUNE 2015

Application for approval of the Trower Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Trower Enterprise Agreement 2015 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Trower Enterprises Pty Ltd T/A Sumo Salad Ellenbrook. The Agreement is a single enterprise agreement.

[2] The Applicant 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] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] The Agreement was approved on 5 June 2015 and, in accordance with s.54 of the Act, will operate from 12 June 2015. The nominal expiry date of the Agreement is 4 June 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the Fair Work Commission, Trower Enterprises Pty Ltd, trading as Sumo Salad Ellenbrook, applied for approval of the Trower Enterprise Agreement 2015. The applicant, a small employer in the food industry, sought to implement a new enterprise agreement to regulate the employment terms and conditions of its staff. The application was made under section 230 of the Fair Work Act 2009, and the matter was heard by Commissioner McMahon.

The central legal issue before the Commission was whether the proposed agreement met the requirements for approval under the Fair Work Act. Specifically, the Commission had to determine if the agreement provided for minimum rates of pay, minimum leave entitlements, and did not unfairly discriminate against employees. The Commission also needed to assess if the agreement complied with the good faith bargaining provisions and whether it contained any terms that were contrary to public policy.

After reviewing the evidence and submissions, Commissioner McMahon concluded that the proposed agreement met the statutory requirements for approval. The agreement provided for minimum rates of pay and leave entitlements that were consistent with the relevant awards and the Fair Work Act. The Commission was satisfied that the agreement was the product of good faith bargaining and did not contain any terms that were contrary to public policy. Accordingly, the Commission approved the Trower Enterprise Agreement 2015.

The final orders of the Commission included the approval of the Trower Enterprise Agreement 2015, which will now regulate the employment terms and conditions of the applicant’s staff. The agreement is to be registered with the Fair Work Commission and will be in effect from the date of the Commission’s approval.

Trower Enterprises Pty Ltd T/A Sumo Salad Ellenbrook

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established