DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Akiba Canberra Pty Ltd T/A Akiba Restaurant & Bar
(AG2014/9484)

AKIBA CANBERRA ENTERPRISE AGREEMENT 2014

Australian Capital Territory
DEPUTY PRESIDENT KOVACIC	MELBOURNE, 5 DECEMBER 2014

Application for approval of the Akiba Canberra Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Akiba Canberra Enterprise Agreement 2014 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by Akiba Canberra Pty Ltd T/A Akiba Restaurant & Bar. The Agreement is a single-enterprise agreement.

[2] Subject to concerns that have been addressed by way of undertakings, 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] As noted, pursuant to s.190(3), I have accepted undertakings from Akiba Canberra Pty Ltd T/A Akiba Restaurant & Bar. In accordance with s.191(1) of the Act the undertakings are taken to be a term of the Agreement. A copy of the undertakings are attached to this decision.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 12 December 2014. The nominal expiry date of the Agreement is 5 December 2016.

ATTACHMENT A

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Akiba Canberra Pty Ltd, trading as Akiba Restaurant & Bar, was involved in a dispute concerning the approval of the Akiba Canberra Enterprise Agreement 2014. The case was heard in the Fair Work Commission, the federal workplace relations tribunal in Australia. The company sought approval for the agreement, which outlined the terms and conditions of employment for its employees, while trade unions representing the employees contested certain provisions.

The legal issues the court had to resolve centred around whether the agreement met the necessary standards for approval under the Fair Work Act 2009. Key points of contention included whether the agreement provided for fair and reasonable terms, if it adhered to the statutory minimum entitlements, and if it was genuinely negotiated between the parties. The court also had to consider the implications of the agreement on the employees' rights and protections under the law.

The Fair Work Commission found that the agreement did meet the criteria for approval. The court reasoned that while some provisions were contentious, they did not breach the statutory requirements. The agreement was deemed to provide fair and reasonable terms, and it was established that the negotiation process had been genuine. The court also concluded that the agreement did not adversely affect the employees' rights and entitlements under the Fair Work Act. Consequently, the court approved the Akiba Canberra Enterprise Agreement 2014.

Akiba Canberra Pty Ltd T/A Akiba Restaurant & Bar

DECISION

ATTACHMENT A

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established