Wildwood Pty Ltd T/A Subway Oxley and Subway Corinda

[2014] FWCA 7974

[2014] FWCA 7974

FAIR WORK COMMISSION

DECISION

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

Wildwood Pty Ltd T/A Subway Oxley and Subway Corinda
(AG2014/7797)

WILDWOOD PTY LTD ENTERPRISE AGREEMENT 2014

Fast food industry
COMMISSIONER BULL	SYDNEY, 11 NOVEMBER 2014

Application for approval of the Wildwood Pty Ltd Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Wildwood 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.

Better off overall test

[2] Accompanying the application to the Commission, the Applicant had included a number of indicative rosters and calculations to demonstrate that employees were 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 Agreement provides for a higher hourly rate of pay Monday to Friday than the Award.

[3] With respect to clause 13 - Public Holidays of the Agreement, it provides a penalty for work undertaken on a public holiday which is less than the penalty the employee would have received under the Award.

[4] The rosters that had been provided to the Commission did not include periods where employees worked on a public holiday, The Commission requested the Applicant to provide indicative rosters and calculations that included public holidays to demonstrate how employees are better off overall under the Agreement.

[5] Having reviewed the indicative rosters and calculations, I am satisfied that employees are better off overall under the Agreement.

Superannuation

[6] In correspondence to the Applicant, the Commission sought clarification in relation to clause 15 - Superannuation, and in particular, sub clause 15.1 as to the name of the employer’s default superannuation fund and how it satisfies the requirement of s.194(h) of the Act.

[7] The Applicant has advised the Commission that the default superannuation fund is SunSuper which offers a MySuper product.

[8] 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.

[9] The Agreement is approved. In accordance with section 54(1), the Agreement will operate from 18 November 2014. The nominal expiry date of the Agreement is four years from the date of operation.

[10] This decision is to be brought to the attention of the employees.

COMMISSIONER

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