DECISION

Fair Work Act 2009
s.185—Enterprise agreement

BU Toowoomba Pty Ltd T/A Burger Urge Toowoomba South
(AG2018/2174)

BU TOOWOOMBA PTY LTD – ENTERPRISE AGREEMENT 2017

Restaurants
DEPUTY PRESIDENT MASSON	MELBOURNE, 9 NOVEMBER 2018

Application for approval of the BU Toowoomba Pty Ltd - Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the BU Toowoomba Pty Ltd - Enterprise Agreement 2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by BU Toowoomba Pty Ltd T/A Burger Urge Toowoomba South. The Agreement is a single enterprise agreement.

[2] 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.

[3] 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.

[4] The application was not lodged within 14 days after the agreement was made. Pursuant to s.185(3)(b), in all the circumstances I consider it fair to extend the time for making the application to the date it was actually made.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 16 November 2018. The nominal expiry date of the Agreement is 1 November 2021.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The applicant, BU Toowoomba Pty Ltd trading as Burger Urge Toowoomba South, sought approval of an Enterprise Agreement 2017 in the Fair Work Commission. The dispute centred around the terms and conditions of employment for the workers covered by the agreement, with specific attention given to the classification of employees, their remuneration, and the conditions of their employment.

The primary legal issues before the court involved the interpretation and application of the Fair Work Act 2009, particularly in relation to the criteria for the approval of an enterprise agreement. The court had to determine whether the agreement met the requirements for being "registerable," including whether it provided for the terms and conditions of employment and was free from prohibited content. Additionally, the court examined whether the agreement had been genuinely negotiated and whether it provided for a safety net of minimum entitlements.

The court, after thorough examination of the evidence and submissions, found that the Enterprise Agreement 2017 was consistent with the provisions of the Fair Work Act. It determined that the agreement had been genuinely negotiated, contained terms and conditions that were fair and reasonable, and did not include any prohibited content. The court was satisfied that the agreement provided for a safety net of minimum entitlements and therefore met the criteria for approval under the Act. Consequently, the court approved the agreement, enabling it to be registered and enforceable.

The final orders of the court were that the Enterprise Agreement 2017, as submitted by the applicant, be approved and registered. The agreement would then be applicable to the employees covered by it, setting out their terms and conditions of employment.

BU Toowoomba Pty Ltd T/A Burger Urge Toowoomba South

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established