Big & Small Enterprises Pty Ltd t/as Easy Street Diner

[2015] FWC 1687

[2015] FWC 1687

FAIR WORK COMMISSION

DECISION

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

Big & Small Enterprises Pty Ltd t/as Easy Street Diner
(AG2015/1890)

DEPUTY PRESIDENT SAMS SYDNEY, 13 MARCH 2015

Application for approval of the B & S Enterprise Agreement.

[1] This is an application filed by Big & Small Enterprises Pty Ltd t/as Easy Street Diner (the ‘applicant’) pursuant to s 185 of the Fair Work Act 2009 (the ‘Act’) seeking the approval of the Fair Work Commission (the ‘Commission’) of a single enterprise agreement known as the B & S Enterprise Agreement.

[2] In the Form F17 Employer’s Declaration, Mr L Schranz, Chef, stated that one employee was to be covered by the Agreement. That one employee had voted to approve the Agreement. A hearing of the application was held by telephone on 10 March 2015. The applicant’s representative, Mr S McLaughlin did not dispute that the applicant had purported to make an enterprise agreement covering only one employee.

[3] S 185 (1) of the Act is expressed as follows:

‘185 Bargaining representative must apply for the FWC’s approval of an enterprise agreement

Application for approval

(1) If an enterprise agreement is made, a bargaining representative for the agreement must apply to the FWC for approval of the agreement.’

[4] S 172 of the Act sets out a number of conditions governing how an enterprise agreement can be ‘made’ between employer/s and employees. Importantly, s 172(6) is expressed as follows:

‘(6) An enterprise agreement cannot be made with a single employee.’

[5] Accordingly, the Agreement cannot have been said to have been ‘made’ for the purposes of s 185(1). The application must be dismissed. I order accordingly.

DEPUTY PRESIDENT

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