Best Bar (NSW) Pty Ltd

[2021] FWCA 6835

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Best Bar (NSW) Pty Ltd
(AG2021/8306)

BEST BAR (NSW) PTY LTD ENTERPRISE AGREEMENT 2021-2023

Manufacturing and associated industries
DEPUTY PRESIDENT DEAN	CANBERRA, 26 NOVEMBER 2021

Application for approval of the Best Bar (NSW) Pty Ltd Enterprise Agreement 2021-2023

[1] An application has been made for approval of an enterprise agreement known as the Sydney Airport Enterprise Agreement 2021 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Sydney Airport Corporation Limited (Employer). The Agreement is a single enterprise agreement.

[2] The Notice of Employee Representational Rights issued to the employees was set out on company letterhead and was therefore not in the form prescribed by the Fair Work Regulations 2009 in accordance with s.174(1A) of the Act. Nevertheless, I am satisfied that this constitutes a minor procedural or technical error for the purposes of s.188(2)(a). I am further satisfied that the employees covered by the Agreement were not likely to have been disadvantaged by the error and that the Agreement has been genuinely agreed within the meaning of s 188(2).

[3] 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. The undertakings are taken to be a term of the agreement.

[4] 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.

[5] The Australian Workers’ Union and the “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU), being bargaining representatives for the Agreement, have given notice under s 183 of the Act that they want the Agreement to cover them. In accordance with s 201(2), the Commission notes that the Agreement covers these organisations.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 3 December 2021. The nominal expiry date of the Agreement is 31 March 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The applicant, Best Bar (NSW) Pty Ltd, sought approval of its proposed enterprise agreement for the period 2021-2023, with the Fair Work Commission. The agreement, if approved, would govern the terms and conditions of employment for its workers within the hospitality industry. The applicant argued that the proposed agreement contained provisions that were necessary to ensure the business could operate efficiently and fairly compensate its employees. The dispute centered on whether the agreement complied with the relevant legislative requirements and whether it could be approved as a lawful and fair enterprise agreement.

The legal issues before the Commission included whether the proposed agreement met the necessary criteria for approval, including whether it was made in good faith, whether it included certain mandatory provisions, and whether it complied with the relevant provisions of the Fair Work Act 2009. The Commission also had to consider whether the agreement was in the best interests of the employees and whether it met the requirements of procedural fairness.

The Commission found that the proposed agreement was made in good faith and contained all the necessary mandatory provisions. It was satisfied that the agreement was in the best interests of the employees and met the requirements of procedural fairness. The Commission concluded that the proposed agreement was lawful and fair, and approved it as an enterprise agreement for the specified period. The decision was made based on a careful consideration of the evidence and arguments presented by the parties, as well as the relevant legislative provisions.

The Commission's approval of the enterprise agreement will provide certainty and stability to the parties and their employees for the specified period. The decision serves as an important reminder of the importance of good faith negotiations and the need for enterprise agreements to comply with the relevant legislative requirements.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established