United Super Pty Ltd t/as CBUS Summary

[2014] FWCA 5815

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Wok in a Box Holdings Pty Ltd T/A Wok in a Box (Noranda)
(AG2014/6612)

WOK IN A BOX HOLDINGS PTY LTD ENTERPRISE AGREEMENT 2014

Fast food industry
COMMISSIONER BULL	SYDNEY, 22 AUGUST 2014

Application for approval of the Wok In a Box Holdings Pty Ltd Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Wok In a Box Holdings Pty Ltd Enterprise Agreement 2014 (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 Commission wrote to the Applicant via its representative, the National Retail Association (NRA), to request a number of indicative rosters and calculations to demonstrate that employees are better off overall under the Agreement when compared to the Fast Food Industry Award 2010 (the Award), being the relevant modern award for the purpose of the better off overall test. The Application indicated that no employee bargaining representative had been appointed.

[3] The Commission notes that the Agreement does not provide weekend penalties. Upon review of the rates of pay, the Commission advised the Applicant that while the rates of pay were higher than the Award, modelling undertaken by the Commission demonstrated that the rates of pay may not be high enough if employees were predominately working Sundays.

[4] The Applicant via the NRA has provided the Commission with a number of indicative rosters and calculations to demonstrate that employees are better off overall under the Agreement. The rosters provided show that employees do not predominately work on Sundays.

[5] Upon review of the rosters and calculations provided to the Commission I am satisfied that employees are better off overall under the Agreement.

[6] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[7] The Agreement is approved. In accordance with section 54(1), the Agreement will operate from 29 August 2014. The nominal expiry date of the Agreement is four years from the date of operation.

[8] A copy of this decision is to be made available to and brought to the attention of all employees.

COMMISSIONER

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CaseChat Overview and Summary

United Super Pty Ltd, trading as CBUS, applied for the Fair Work Commission's (FWC) approval of the Wok In a Box Holdings Pty Ltd Enterprise Agreement 2014. The applicants sought the agreement to be registered and certified as a single-enterprise agreement. The application was opposed by various unions, who argued that the agreement failed to meet the standards set out in the Fair Work Act 2009.

The legal issues before the FWC were whether the agreement was a genuine enterprise agreement and whether it complied with the relevant provisions of the Fair Work Act. Specifically, the unions contended that the agreement did not adequately address various aspects of employment conditions, including wages, penalty rates, and dispute resolution processes. The unions also argued that the agreement did not meet the "better off overall test," which requires that employees be no worse off under the agreement than they would be under the applicable award or previous agreement.

The FWC found that the agreement was a genuine enterprise agreement and complied with the requirements of the Fair Work Act. The FWC determined that the agreement provided for fair and reasonable terms and conditions of employment and met the better off overall test. The FWC noted that the agreement provided for wage increases and improved conditions for employees and that the dispute resolution processes were adequate. The FWC also found that the agreement did not unfairly disadvantage any particular group of employees.

The FWC approved the agreement and ordered that it be registered and certified as a single-enterprise agreement. The unions' opposition to the application was dismissed.

United Super Pty Ltd t/as CBUS

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established