Application for approval of the San Diego Tortilla Factory Pty Ltd Single Enterprise Agreement 2025

[1] An application has been made for approval of an enterprise agreement known as the San Diego Tortilla Factory Pty Ltd Single Enterprise Agreement 2025 (the Agreement). The Application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by San Diego Tortilla Factory Pty Ltd (the Applicant). The Agreement is a single enterprise agreement.

[2] The application was required to be filed within 14 days after it was made on 15 April 2025 in accordance with s.185(3) of the Act. As it was not filed until 30 April 2025, it was filed one day after the expiry of the statutory timeframe. Pursuant to s.185(3)(b), in all the circumstances, I consider it fair to extend the time for making the application.

[3] I note that the version of the Agreement voted on by employees contained a cross-referencing error. I have determined that it is appropriate to exercise power under s.218A of the Act to amend clause 26.3 of the Agreement from:

"Unless the employee has been informed in writing that they are on an annualised salary, which includes payment for agreed reasonable additional hours; then all-time worked outside of the ordinary hours of duty will be overtime and will be paid at the relevant overtime rate. See clause 27.5"

"Unless the employee has been informed in writing that they are on an annualised salary, which includes payment for agreed reasonable additional hours; then all-time worked outside of the ordinary hours of duty will be overtime and will be paid at the relevant overtime rate. See clause 27.6."

[5] The Applicant has provided written undertakings. 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.

[6] Subject to the undertakings referred to above, I am satisfied that each requirement of ss.186, 187 and 188 as are relevant to this application for approval have been met. The undertakings are taken to be a term of the Agreement.

[7] The Agreement does not contain a flexibility term compliant with the Act. Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[8]

The Agreement is approved and will operate in accordance with s.54 of the Act.

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