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FWC authorises multi-employer bargaining in fast food sector

A full bench of the Fair Work Commission has issued an order roping 19 employers in to supported bargaining, in the first such authorisation to be made outside of a government-funded sector.

The decision will be concerning to many employers because the fast food sector isn't one where the supported bargaining scheme was seen as "obviously applicable", Kingston Reid partner Brad Popple tells HR Daily.

The employers collectively operate all McDonald's-branded restaurants in South Australia, either directly, as in the case of McDonald's Australia Limited (MAL), or as licensees (franchise stores).

The Shop, Distributive and Allied Employees Association (SDA) sought the supported bargaining authorisation, but the employers opposed it, arguing it would "materially expand" the scope of enterprises to which Division 9 of the Fair Work Act would otherwise apply...

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