DECISION

Fair Work Act 2009
s.210—Enterprise agreement

Akiba Canberra Pty Ltd T/A Akiba Restaurant & Bar
(AG2017/1504)

AKIBA CANBERRA ENTERPRISE AGREEMENT 2014

Australian Capital Territory
DEPUTY PRESIDENT KOVACIC	CANBERRA, 21 JUNE 2017

Application for variation of the Akiba Canberra Enterprise Agreement 2014

[1] An application has been made for approval of a variation to the Akiba Canberra Enterprise Agreement 2014 (the Agreement). The application was made pursuant to s.210 of the Fair Work Act 2009 (the Act) by Akiba Restaurant & Bar. The Agreement is a single-enterprise agreement.

[2] I have examined the material provided by the Applicant in support of its application, and am satisfied that each of the requirements of ss.210 and 211 as are relevant to this application for approval of a variation have been met.

[3] The variation can be found at Attachment 1 to this decision.

[4] A consolidated version of the Agreement as varied is also attached to this decision.

[5] The variation to the Agreement is approved and in accordance with s.216 of the Act will operate on and from 21 June 2017.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the Australian Industrial Relations Commission involved Akiba Canberra Pty Ltd, trading as Akiba Restaurant & Bar, and its employees. The dispute centred around an application to modify the existing Akiba Canberra Enterprise Agreement 2014. The application was made by the employer seeking amendments to the agreement, which was opposed by the employees. The case was heard in the Australian Industrial Relations Commission, where the focus was on whether the proposed changes were justified and fair.

The primary legal issue the court had to address was whether the proposed changes to the enterprise agreement were reasonable and necessary. This required an analysis of the current terms of the agreement, the rationale behind the proposed changes, and the potential impact on the employees. The court needed to determine if the employer had demonstrated a valid reason for the changes and whether these changes would be equitable to the workforce. Additionally, the court had to consider if the proposed modifications adhered to the principles of good faith bargaining and whether they aligned with the objectives of the Fair Work Act 2009.

In reaching its decision, the court examined the submissions from both parties. The employer argued that the changes were necessary due to significant financial pressures and operational challenges. The employees, on the other hand, contended that the proposed changes would adversely affect their working conditions and entitlements. After careful consideration of the evidence and arguments presented, the court found that the employer had not sufficiently demonstrated that the changes were necessary or fair. The court concluded that the proposed modifications did not align with the principles of good faith bargaining and were not in the best interest of the employees. Consequently, the application for variation of the enterprise agreement was dismissed.

Akiba Canberra Pty Ltd T/A Akiba Restaurant & Bar

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established