DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Cafe Ninano Pty Ltd as trustee for Lee and Jeong Family Trust t/a Gelatissimo Wagga Wagga
(AG2015/7767)

CAFÉ NINANO PTY LTD AS TRUSTEE FOR LEE AND JEONG FAMILY TRUST EMPLOYEE COLLECTIVE AGREEMENT 2015

Australian Capital Territory
COMMISSIONER ROE	MELBOURNE, 10 MARCH 2016

Application for approval of the Café Ninano Pty Ltd as Trustee for Lee and Jeong Family Trust Employee Collective Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Café Ninano Pty Ltd as Trustee for Lee and Jeong Family Trust Employee Collective Agreement 2015 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Café Ninano Pty Ltd as trustee for Lee and Jeong Family Trust t/a Gelatissimo Wagga Wagga. The Agreement is a single enterprise agreement.

[2] The Applicant 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 Agreement was approved on 10 March 2016 and, in accordance with s.54, will operate from 17 March 2016. The nominal expiry date of the Agreement is 10 March 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

The parties involved in this case were Cafe Ninano Pty Ltd, trading as Gelatissimo Wagga Wagga, and its employees. The dispute was regarding the approval of an employee collective agreement, specifically the Employee Collective Agreement 2015, by the Fair Work Commission. The case was heard in the Fair Work Commission. The legal issues that needed to be resolved involved the validity and fairness of the proposed collective agreement. Key concerns included whether the agreement was genuinely negotiated and whether it complied with the necessary legal standards. The court had to determine if the agreement met the requirements set out in the Fair Work Act 2009.

The Fair Work Commission examined whether the agreement was genuinely negotiated and if it provided for fair terms and conditions of employment. The court reviewed submissions from both parties and considered the process through which the agreement was developed. The Commission paid close attention to the fairness of the terms, ensuring they were reasonable and not overly prejudicial to the employees. The court also assessed if the agreement complied with all relevant legislative requirements. After a thorough review, the Commission concluded that the Employee Collective Agreement 2015 was genuinely negotiated and fair. It met the necessary criteria for approval under the Fair Work Act 2009.

The Fair Work Commission approved the Employee Collective Agreement 2015, finding it to be fairly negotiated and compliant with legal standards. The court was satisfied that the agreement provided for reasonable terms and conditions of employment and did not contain any provisions that were unfairly prejudicial to the employees. The Commission's decision was based on the evidence presented, which demonstrated that the agreement was the result of genuine negotiations and met all the legal requirements. The final orders confirmed the approval of the agreement, allowing it to come into effect as intended.

Cafe Ninano Pty Ltd as trustee for Lee and Jeong Family Trust t/a Gelatissimo Wagga Wagga

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established