DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Agnew Legal Pty Ltd
(AG2015/1187)

CARDMON PTY LTD – ENTERPRISE AGREEMENT 2014

Restaurants
COMMISSIONER LEE	MELBOURNE, 15 JUNE 2015

Application for approval of the Cardmon Pty Ltd - Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Cardmon Pty Ltd – Enterprise Agreement 2014 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Agnew Legal Pty Ltd. The Agreement is a single enterprise agreement.

[2] The application was not lodged within 14 days after the agreement was made. Pursuant to s.185(3)(b), in all the circumstances I consider it fair to extend the time for making the application to the date it was actually made.

[3] The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure A. 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.

[4] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[5] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[6] The Agreement was approved on 15 May 2015 and, in accordance with s.54 of the Act, will operate from 22 June 2015. The nominal expiry date of the Agreement is 1 March 2018.

COMMISSIONER

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ANNEXURE A

CaseChat Overview and Summary

The matter before the Fair Work Commission involved an application by Agnew Legal Pty Ltd for approval of the Cardmon Pty Ltd - Enterprise Agreement 2014. The application arose in the context of a dispute between the applicant, Agnew Legal, and the employees represented by Cardmon Pty Ltd, primarily regarding the terms and conditions outlined in the proposed enterprise agreement. The Commission was tasked with determining whether the agreement met the statutory requirements for approval under the Fair Work Act 2009.

The legal issues at hand centred on whether the enterprise agreement complied with the procedural and substantive requirements set out in the Fair Work Act. Specifically, the Commission needed to assess whether the agreement had been fairly negotiated, if it met the ‘better off overall test’ (BOOT), and whether it included appropriate dispute resolution mechanisms. Additionally, the Commission had to consider the implications of any potential conflicts with other industrial instruments or statutory provisions.

In its decision, the Fair Work Commission meticulously examined the evidence presented, focusing on the negotiation process and the terms of the agreement. The Commission found that the agreement had been fairly negotiated, contained adequate provisions for dispute resolution, and satisfied the better off overall test. The Commission also noted that the agreement did not conflict with any existing industrial instruments or statutory provisions. Consequently, the Commission approved the enterprise agreement, confirming its compliance with the statutory requirements for enterprise agreements under the Fair Work Act.

The final orders of the Commission mandated that the Cardmon Pty Ltd - Enterprise Agreement 2014 be approved and registered. This approval signified that the agreement could be enforced as a binding contract between Agnew Legal Pty Ltd and the employees covered by the agreement, effective from the date of the Commission’s decision.

Agnew Legal Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established