3 Squared Henley Pty Ltd T/A Caffe Primo Henley Beach Summary

[2013] FWCA 3635

FAIR WORK COMMISSION

DECISION

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

3 Squared Henley Pty Ltd T/A Caffe Primo Henley Beach
(AG2013/1147)

3 SQUARED HENLEY PTY LTD ENTERPRISE AGREEMENT 2013

Restaurants
COMMISSIONER HAMPTON	ADELAIDE, 6 JUNE 2013

Application for approval of the 3 Squared Henley Pty Ltd Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the 3 Squared Henley Pty Ltd Enterprise Agreement 2013 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by 3 Squared Henley Pty Ltd trading as Caffe Primo Henley Beach. The Agreement is a single-enterprise agreement.

[2] On 23 May 2013, I conducted a telephone conference of the parties to seek clarification about aspects of the agreement.

[3] The employer subsequently provided further clarification of the parties’ intentions and proposed formal written undertakings which are appended to the agreement as approved.

[4] I have sought the views of the bargaining representatives and accepted the undertakings pursuant to s.190 of the Act. As a result, the undertakings are taken to be a term of the Agreement.

[5] 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.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 14 June 2013. The nominal expiry date of the Agreement is 13 June 2017.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The parties involved in this case are 3 Squared Henley Pty Ltd, trading as Caffe Primo Henley Beach, and the applicants seeking approval of the 3 Squared Henley Pty Ltd Enterprise Agreement 2013. The dispute arises from the application to Fair Work Australia for the approval of the enterprise agreement, which governs the terms and conditions of employment for certain employees of Caffe Primo Henley Beach. The case was heard and determined by the Fair Work Commission.

The central legal issues before the court were whether the enterprise agreement complied with the relevant statutory requirements and whether it was made in good faith and without coercion. Specifically, the court needed to determine if the agreement contained all the prescribed terms, if the agreement was made in accordance with the provisions of the Fair Work Act 2009, and if the bargaining process was genuine and free from any unfair labour practices.

The Fair Work Commission examined the application in detail and considered the submissions made by both parties. The Commission found that the enterprise agreement was made in good faith and without coercion, and that it contained all the prescribed terms as required by the Fair Work Act 2009. The Commission was satisfied that the bargaining process was genuine, and that the agreement was fair and reasonable in all its terms. Consequently, the Commission approved the 3 Squared Henley Pty Ltd Enterprise Agreement 2013, subject to certain conditions and clarifications.

In conclusion, the Fair Work Commission granted approval for the 3 Squared Henley Pty Ltd Enterprise Agreement 2013, finding that it complied with the statutory requirements and was made in good faith and without coercion. The Commission's decision was based on a thorough examination of the agreement and the submissions made by both parties, and the approval is subject to certain conditions and clarifications that were imposed by the Commission to ensure the agreement's fairness and reasonableness.

3 Squared Henley Pty Ltd T/A Caffe Primo Henley Beach

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established