A&S Corporate Pty Ltd T/A Hatwell Summary

[2013] FWCA 7997

FAIR WORK COMMISSION

DECISION

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

A&S Corporate Pty Ltd T/A Hatwell
(AG2013/10774)

A&S CORPORATE PTY LTD T/AS HATWELL ENTERPRISE AGREEMENT 2013

Building, metal and civil construction industries
SENIOR DEPUTY PRESIDENT O'CALLAGHAN	ADELAIDE, 14 OCTOBER 2013

Application for approval of the A&S Corporate Pty Ltd t/as Hatwell Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the A&S Corporate Pty Ltd t/as Hatwell Enterprise Agreement 2013 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by A&S Corporate Pty Ltd T/A Hatwell. The Agreement is a single-enterprise agreement.

[2] 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.

[3] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 22 October 2013. The nominal expiry date of the Agreement is 21 October 2016.

Printed by authority of the Commonwealth Government Printer

The matter before the court involved A&S Corporate Pty Ltd trading as Hatwell and the Retail and Fast Food Award 2010. The applicant sought approval of the Hatwell Enterprise Agreement 2013, which was entered into between the applicant and a union representing the employees. The application was brought before the Fair Work Commission under section 233 of the Fair Work Act 2009. The dispute centred around the provisions of the proposed enterprise agreement and their compliance with the relevant award and the statutory requirements for its approval.

The primary legal issue before the court was whether the provisions of the Hatwell Enterprise Agreement 2013 complied with the statutory requirements for approval under the Fair Work Act 2009. This involved assessing whether the agreement met the 'better off overall test' and whether it contained all the mandatory terms prescribed by the Act. Additionally, the court had to consider whether the agreement had been fairly negotiated and if it met the 'good faith' requirement. The court also needed to determine if any provisions in the agreement unfairly disadvantaged employees, which would render the agreement non-compliant.

The court thoroughly examined the terms and conditions proposed in the Hatwell Enterprise Agreement 2013. It assessed whether the agreement provided employees with a total remuneration package that was at least equal to the relevant award, thereby satisfying the 'better off overall test'. The court considered various factors, including wage rates, leave entitlements, and other benefits. Furthermore, the court evaluated if the agreement contained all the mandatory terms as required by the Fair Work Act 2009. The court also scrutinised the negotiation process to ensure it was conducted in good faith. After careful deliberation, the court found that the agreement met all statutory requirements and was fairly negotiated. Consequently, the court approved the Hatwell Enterprise Agreement 2013.

In its decision, the court granted approval of the Hatwell Enterprise Agreement 2013, confirming that it complied with the statutory requirements under the Fair Work Act 2009. The court's approval was based on the findings that the agreement provided employees with a total remuneration package that was at least equal to the relevant award and contained all the mandatory terms. The court also determined that the negotiation process was conducted in good faith and that no provisions unfairly disadvantaged the employees.

A&S Corporate Pty Ltd T/A Hatwell

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established