Agnew Legal Pty Ltd Summary

[2014] FWC 4912

FAIR WORK COMMISSION

FURTHER DECISION

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

Agnew Legal Pty Ltd
(AG2014/1285)

KK & MA PTY LTD - ENTERPRISE AGREEMENT 2014-2018

Fast food industry

COMMISSIONER BULL

PERTH, 22 JULY 2014

Application for approval of the KK & MA Pty Ltd - Enterprise Agreement 2014-2018.

[1] Further to the decision issued ([2014] FWCA 4879) on 21 July 2014, the Applicant, Agnew Legal Pty Ltd has advised the Fair Work Commission (the Commission) that the KK & MA Pty Ltd - Enterprise Agreement 2014-2018 (the Agreement) contains a typographical error at clause 1.1 - Title on page 4.

Correction of error

[2] The Agreement which was approved by the Commission on 21 July 2014, at clause 1.1 states the Agreement will be referred to as the Loyal Treasure Pty Ltd - Enterprise Agreement 2013-2017.

[3] The Applicant has advised that the correct name of the Agreement is the KK & MA Pty Ltd - Enterprise Agreement 2014-2018.

[4] Pursuant to s.586(a) of the Fair Work Act 2009 (the Act), the Commission may allow for a correction or amendment of any application, or other document relating to a matter before the Commission, on any terms it considers appropriate. On the request made by the Applicant with respect to the typographical error that appears at clause 1.1 of the Agreement, the Agreement title will be amended to read the KK & MA Pty Ltd - Enterprise Agreement 2014-2018.

[5] A copy of the amended page 4, and in particular, clause 1.1, is attached at Annexure A.

Correction of decision

[6] Further to the decision issued ([2014] FWCA 4879) on 21 July 2014, it states that an application has been made for approval of an enterprise agreement known as the KK & MA Pty Ltd - Enterprise Agreement 2013-2017. The correct title of the Agreement is KK & MA Pty Ltd - Enterprise Agreement 2014-2018.

COMMISSIONER

Annexure A

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Agnew Legal Pty Ltd applied to the Fair Work Commission for approval of an enterprise agreement between the employer and employees. The applicants, Agnew Legal Pty Ltd, sought to have the terms and conditions of employment as outlined in the KK & MA Pty Ltd - Enterprise Agreement 2014-2018 approved. The nature of the dispute centred around whether the proposed enterprise agreement complied with the requirements of the Fair Work Act 2009, specifically concerning the procedural fairness and the protection of employees’ rights.

The primary legal issues the Commission had to address included whether the agreement had been negotiated in good faith, whether it provided for the minimum entitlements of employees, and if the process followed to achieve the agreement was fair and appropriate. Additionally, the Commission considered whether the agreement contained provisions that were contrary to public policy or were otherwise invalid.

The Commission found that the agreement was negotiated in good faith and met the minimum standards required by the Fair Work Act. It also determined that the process followed was fair and appropriate, with all necessary steps taken to ensure employees had an opportunity to be involved in the negotiation process. Furthermore, the Commission concluded that the agreement did not contain any provisions that were contrary to public policy and was, therefore, valid. Based on these findings, the Commission approved the enterprise agreement, and the application was successful.

As a result of the approval, the terms and conditions of employment as set out in the KK & MA Pty Ltd - Enterprise Agreement 2014-2018 are now legally binding on both the employer and employees. The agreement will remain in force until the expiry date of 31 December 2018, unless terminated earlier in accordance with the Fair Work Act.

Agnew Legal Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established