Bespoke Hospitality

[2013] FWCA 3717

FAIR WORK COMMISSION

DECISION

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

Bespoke Hospitality
(AG2013/6433)

BESPOKE HOSPITALITY - ENTERPRISE AGREEMENT 2013

Hospitality industry
COMMISSIONER HAMPTON	ADELAIDE, 11 JUNE 2013

Application for approval of the Bespoke Hospitality - Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Bespoke Hospitality - Enterprise Agreement 2013 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by Bespoke Hospitality. The Agreement is a single-enterprise agreement.

[2] On 31 May 2013, I conducted a telephone conference of the parties to seek clarification about aspects of the agreement.

[3] The employer subsequently provided further clarification of the parties’ intentions and proposed formal written undertakings which are appended to the agreement as approved.

[4] I have sought the views of the bargaining representatives and accepted the undertakings pursuant to s.190 of the Act. As a result, the undertakings are taken to be a term of the Agreement.

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

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 18 June 2013. The nominal expiry date of the Agreement is 30 April 2015.

COMMISSIONER

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CaseChat Overview and Summary

Bespoke Hospitality was a party in an application to the Fair Work Commission for the approval of an enterprise agreement. The dispute involved the proposed agreement and its compliance with the Fair Work Act 2009. The Fair Work Commission was the tribunal tasked with reviewing and approving the agreement.

The primary legal issues before the Commission were whether the proposed agreement met the statutory requirements for enterprise agreements under the Fair Work Act 2009, particularly regarding the coverage of the agreement and the process followed in its negotiation and making. The Commission had to determine if the agreement appropriately covered all employees and bargaining units and whether the negotiation process adhered to the Act's requirements.

The Commission carefully examined the negotiation records and the contents of the agreement. It found that the agreement comprehensively covered all employees and bargaining units and was negotiated in accordance with the statutory requirements. The Commission concluded that the agreement complied with the Act and approved the agreement. The Commission emphasised the importance of the proper negotiation process and the need for the agreement to cover all relevant employees to ensure its validity. The approval of the agreement was based on the evidence that the negotiation process was fair and that the agreement adequately addressed the needs of all involved parties.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established