Brunswick Bar Supplies Pty Ltd T/A Heya Bar

[2015] FWCA 8172

[2015] FWCA 8172

FAIR WORK COMMISSION

DECISION

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

Brunswick Bar Supplies Pty Ltd T/A Heya Bar
(AG2015/6106)

BRUNSWICK BAR SUPPLIES PTY LTD - ENTERPRISE AGREEMENT 2015

Hospitality industry
DEPUTY PRESIDENT SAMS	SYDNEY, 27 NOVEMBER 2015

Application for approval of the Brunswick Bar Supplies Pty Ltd - Enterprise Agreement 2015.

[1] This is an application, pursuant to s 185 of the Fair Work Act 2009 (the ‘Act’), filed by Brunswick Bar Supplies Pty Ltd t/as Heya Bar (the ‘applicant’) which seeks the approval of the Fair Work Commission (the ‘Commission’) of a single enterprise agreement to be known as the Brunswick Bar Supplies Pty Ltd – Enterprise Agreement 2015 (the ‘Agreement’). The Agreement is to cover 12 employees who are employed at the applicant’s Bar in Fortitude Valley, Queensland.

[2] The employees were last notified of their representational rights on 11 August 2015 and voting for the Agreement’s approval took place on 18 October 2015. The time limits under s 181(2) of the Act are thereby satisfied. In a secret ballot, all 12 of the employees agreed to approve the Agreement. The application for approval of the Agreement was lodged on 9 November 2015, thereby satisfying s 185(3) of the Act.

[3] In the Employer’s Declaration in support of the application (Form F17) Mr D Moore, Group Operations Manager, identified the Hospitality Industry (General) Award 2010 [MA000009] as the relevant reference instrument for the purposes of the Better Off Overall Test (the ‘BOOT’). Mr Mooresaid that the Agreement does not provide for penalty rates for work performed on weekends or public holidays. However, these have been ‘loaded’ into higher base rates of pay. Rates of pay are to be adjusted in accordance with the Commission’s Minimum Wage Review decisions over the nominal period of the Agreement.On balance, I am satisfied that the Agreement passes the BOOT. The Agreement provides for the mandatory flexibility and consultation terms at clauses 7.1 and 7.4 respectively, and a disputes resolution procedure at clause 2.4 provides for conciliation and arbitration by the Commission.

[4] At a hearing of the application on 23 November 2015, Mr C Agnew, Solicitor,appeared for the applicant. Mr Agnew outlined the main features of the Agreement and submitted that all of the legislative requirements for approval of the Agreement have been satisfied and the Agreement should be approved by the Commission. He explained that base rates of pay are between 10-12% higher than those under the Award and that the majority of the bar’s business was carried out during the week.

[5] Having heard the applicant’s submissions and upon reviewing the terms of the preapproval process documentation and the Agreement itself, I am satisfied that all of the requirements of the Act, in particular ss 180, 186, 187 and 188, in so far as relevant to this application, have been met. Accordingly, I approve a single enterprise agreement known as the Brunswick Bar Supplies Pty Ltd – Enterprise Agreement 2015.Pursuant to s 54 of the Act, the Agreement shall operate from 30 November 2015 and have a nominal expiry date of 1 August 2018.

DEPUTY PRESIDENT

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