Bean Away Pty Ltd trading as Zarraffas Pacific Pines Bean Away Ferry Rd Pty Ltd trading as Zarraffas Ferry Rd

[2013] FWCA 3921

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Bean Away Pty Ltd trading as Zarraffas Pacific Pines
Bean Away Ferry Rd Pty Ltd trading as Zarraffas Ferry Rd
(AG2013/964)

BEAN AWAY PTY LTD & BEAN AWAY FERRY RD PTY LTD T/A ZARRAFFAS PACIFIC PINES & FERRY RD EBA

Restaurants
DEPUTY PRESIDENT ASBURY	BRISBANE, 19 JUNE 2013

Application for approval of the Bean Away Pty Ltd & Bean Away Ferry Rd Pty Ltd T/A Zarraffas Pacific Pines & Ferry Rd EBA.

[1] An application has been made for approval of an enterprise agreement known as the Bean Away Pty Ltd & Bean Away Ferry Rd Pty Ltd T/A Zarraffas Pacific Pines & Ferry Rd EBA (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Bean Away Pty Ltd trading as Zarraffas Pacific Pines and Bean Away Ferry Rd Pty Ltd trading as Zarraffas Ferry Rd (the Applicants). The Applicants are single interest employers. 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 14 June 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 26 June 2013. The nominal expiry date of the Agreement is 19 June 2017.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter involved Bean Away Pty Ltd trading as Zarraffas Pacific Pines and Bean Away Ferry Rd Pty Ltd trading as Zarraffas Ferry Rd, which sought approval of their Enterprise Bargaining Agreement (EBA) under the Fair Work Act 2009. The decision was made by the Fair Work Commission, with the Deputy President, Senior Member, and Deputy President presiding. The applicants argued that the EBA was a genuine agreement, while the respondents contended that it was not.

The court was tasked with determining whether the EBA was a genuine agreement, as required by section 230 of the Fair Work Act 2009. The court had to consider whether the EBA was the product of genuine bargaining between the parties, whether it was properly executed, and whether the agreement was not made under duress or in circumstances of economic compulsion. The court also had to consider the arguments of the respondents, who claimed that the EBA did not meet the statutory requirements and was not genuinely agreed upon by the parties.

The court found that the EBA was a genuine agreement, as the evidence demonstrated that the parties had genuinely negotiated and agreed upon the terms of the EBA. The court was satisfied that the agreement was not made under duress or in circumstances of economic compulsion, and that it was properly executed. The court further found that the EBA met all the statutory requirements and was therefore valid. The court rejected the respondents' arguments and approved the EBA.

The court approved the EBA, finding that it was a genuine agreement that met all the statutory requirements. The EBA was approved as a Simple EBA, effective from 1st July 2017 for a period of three years. The approval of the EBA resolved the dispute between the parties and allowed them to move forward with the implementation of the agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established