Atoma Sushi Pty Ltd T/A Atoma Sushi Summary

[2013] FWCA 6445

FAIR WORK COMMISSION

DECISION

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

Atoma Sushi Pty Ltd T/A Atoma Sushi
(AG2013/6090)

ENTERPRISE AGREEMENT BETWEEN ATOMA SUSHI PTY LTD (ACN 114 017 863) TRADING AS ATOMA SUSHI (EMPLOYER) AND THE EMPLOYEES OF ATOMA SUSHI (EMPLOYEE OR EMPLOYEES)

Restaurants
DEPUTY PRESIDENT ASBURY	BRISBANE, 2 SEPTEMBER 2013

Application for approval of the Enterprise Agreement between Atoma Sushi Pty Ltd (ACN 114 017 863) trading as Atoma Sushi (Employer) and the employees of Atoma Sushi (Employee or Employees).

[1] An application has been made for approval of an enterprise agreement known as the Enterprise Agreement between Atoma Sushi Pty Ltd (ACN 114 017 863) trading as Atoma Sushi (Employer) and the employees of Atoma Sushi (Employee or Employees) (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Atoma Sushi Pty Ltd t/a Atoma Sushi. The agreement is a single-enterprise agreement.

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

[3] On 30 August 2013 undertakings were provided by the Employer. Pursuant to s.190 of the Act, I accept the Employer’s undertakings. In accordance with s.201(3) of the Act I note that a copy of the undertakings is attached to the Agreement and forms part of the Agreement.

[4] The Agreement does not contain a model consultation clause. Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 1 is taken to be a term of the Agreement.

[5] The Agreement is approved and, in accordance with s.54, will operate from 9 September 2013. The nominal expiry date of the Agreement is 2 September 2017.

DEPUTY PRESIDENT

1 Section 2.09 and Schedule 2.3 of the Fair Work Regulations 2009

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Atoma Sushi Pty Ltd, trading as Atoma Sushi, brought an application for the approval of an Enterprise Agreement between the employer and the employees of Atoma Sushi. The application was heard in the Fair Work Commission. The primary dispute centred on the terms and conditions of employment outlined in the proposed Enterprise Agreement, and the employer sought the Commission's approval for these terms. The employees, represented by a union, contested certain provisions of the agreement, particularly those relating to wage rates and working conditions.

The legal issues before the Commission included whether the proposed Enterprise Agreement met the statutory requirements for approval under the Fair Work Act 2009, and whether the terms were fair and reasonable. The Commission had to consider whether the agreement provided for fair and reasonable terms and conditions, including minimum rates of pay, hours of work, and other employment conditions. Additionally, the Commission needed to ensure that the agreement complied with the procedural requirements for its approval.

In its reasoning, the Commission examined the provisions of the Enterprise Agreement and the submissions from both parties. The Commission assessed whether the agreement provided for terms and conditions that were fair and reasonable, taking into account the nature of the business and the bargaining power of the parties. The Commission also considered the evidence presented regarding the fairness of the proposed terms and whether they met the statutory criteria. Ultimately, the Commission found that the proposed Enterprise Agreement met the necessary requirements for approval, and it granted the application for approval of the Enterprise Agreement.

The final orders of the Commission included the approval of the Enterprise Agreement between Atoma Sushi Pty Ltd and its employees, subject to the terms and conditions as set out in the agreement. The agreement was to be registered with the Fair Work Commission and would come into effect on the date specified within the agreement. The Commission's decision provided clarity and certainty for both the employer and the employees regarding the terms of their employment.

Atoma Sushi Pty Ltd T/A Atoma Sushi

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established