Chris Rodwell, chief executive officer of the Australian Retailers Association, said the decision raises "serious questions" about the threshold for the supported bargaining stream.
Supported bargaining is designed to assist and encourage employers and employees who may find it difficult to bargain at a single-enterprise level.
"The effect of a supported bargaining authorisation is that the employers specified in it are subject to certain rules in relation to the agreement that would not otherwise apply (such as in relation to bargaining orders)," the FWC said on its website.
But the ARA and the National Retail Association (NRA) said the supported bargaining stream is intended to assist sectors such as disability care or early childhood education, which have clear barriers to bargaining.
According to them, the supported bargaining stream does not apply to the quick service restaurant industry, where hundreds of enterprise agreements have been negotiated under the ordinary provisions of the Fair Work Act.
"This decision raises serious questions about the threshold for supported bargaining and whether the stream is being applied more broadly than Parliament intended," said Rodwell in a statement.
"Small business operators in fast food and retail are already facing significant cost pressures and economic uncertainty. This decision heightens the prospect of those struggling businesses being drawn into multi-employer negotiations without a majority of employee support is...
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