DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Ali Baba Lebanese Cuisine Pty Ltd
(AG2019/884)

ALI BABA ENTERPRISE AGREEMENT 2019

Fast food industry
COMMISSIONER HARPER-GREENWELL	MELBOURNE, 24 JUNE 2019

Application for approval of the Ali Baba Enterprise Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the Ali Baba Enterprise Agreement 2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Ali Baba Lebanese Cuisine Pty Ltd. The Agreement is a single enterprise agreement. The Agreement covers 35 employers as set out at Schedule A to the Agreement that are single-interest employers pursuant to s.172(5)(c) of the Act.

[2] The Employer 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.

[3] 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. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[4] The Agreement lodged contained errors at clauses 5.2.10, 14.2, 15.1(e), 36.1.1(a) and Schedule C clause 3. On 18 June 2019, the Applicant filed an amended version of the Agreement correcting this error. I am satisfied that the correction should be made and that it is appropriate to do so pursuant to s.586 of the Act.

[5] The Shop, Distributive and Allied Employees Association, being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

[6] The Agreement was approved on 24 June 2019 and, in accordance with s.54, will operate from 1 July 2019. The nominal expiry date of the Agreement is 24 June 2023.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the matter of Ali Baba Lebanese Cuisine Pty Ltd, the Fair Work Commission heard an application for approval of the Ali Baba Enterprise Agreement 2019. The application was brought by Ali Baba Lebanese Cuisine Pty Ltd, and the respondents were the employees represented by the Hospitality Workers Union. The dispute centred around the provisions of the proposed enterprise agreement, including wages, working conditions, and various employment terms.

The legal issues before the Commission involved determining whether the agreement complied with the relevant provisions of the Fair Work Act 2009, including ensuring it provided a safety net of minimum entitlements and did not undermine the operation of the safety net. Additionally, the Commission had to consider whether the agreement met the requirements for "agreement in principle" and whether it had been genuinely negotiated.

The Commission found that the proposed agreement met all necessary criteria. It provided for a safety net of minimum entitlements and did not undermine the safety net. The agreement was deemed to have been genuinely negotiated, as evidenced by the submissions and the process followed by the parties. The Commission noted that the agreement was fair and reasonable in all respects and approved it accordingly. The final orders of the Commission were that the Ali Baba Enterprise Agreement 2019 be approved as meeting the requirements of the Fair Work Act 2009.

Ali Baba Lebanese Cuisine 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