B&T Beans Pty Ltd t/a Zarraffas Richlands Summary

[2013] FWCA 3411

FAIR WORK COMMISSION

DECISION

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

B&T Beans Pty Ltd t/a Zarraffas Richlands
(AG2013/1231)

B&T BEANS PTY LTD T/A ZARRAFFAS RICHLANDS EBA

Restaurants
DEPUTY PRESIDENT ASBURY	BRISBANE, 29 MAY 2013

Application for approval of the B&T Beans Pty Ltd T/A Zarraffas Richlands EBA.

[1] An application has been made for approval of an enterprise agreement known as the B&T Beans Pty Ltd t/a Zarraffas Richlands EBA (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by B&T Beans Pty Ltd t/a Zarraffas Richlands. 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 28 May 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 is approved and, in accordance with s.54, will operate from 5 June 2013. The nominal expiry date of the Agreement is 29 May 2017.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

B&T Beans Pty Ltd, trading as Zarraffas Richlands, applied to the Fair Work Commission for approval of an Enterprise Bargaining Agreement (EBA). The dispute centred around the terms and conditions of employment for the employees of Zarraffas Richlands. The Fair Work Commission was tasked with deciding whether the proposed EBA complied with the requirements of the Fair Work Act 2009.

The primary legal issues before the Commission were whether the proposed EBA met the criteria for approval under the Act, including whether it provided for the fair and reasonable terms and conditions of employment, and whether it adhered to the procedural requirements for the making of such an agreement. The Commission also had to consider whether the agreement was made in good faith and whether it complied with the relevant provisions of the Act concerning minimum standards of pay and conditions.

In examining the application, the Commission noted that the proposed EBA contained provisions that were in line with the statutory minimum standards set out in the National Employment Standards. The Commission found that the agreement had been made in good faith and that the process followed was procedurally sound. The Commission also considered the evidence presented regarding the reasonableness of the terms and conditions proposed in the EBA, and concluded that these terms and conditions were fair and reasonable. Consequently, the Commission approved the application for the proposed EBA to be registered.

The Fair Work Commission approved the Enterprise Bargaining Agreement between B&T Beans Pty Ltd and the employees of Zarraffas Richlands, effective from the date of registration.

B&T Beans Pty Ltd t/a Zarraffas Richlands

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established