DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Cape Byron Management Pty Ltd T/A Cape Byron Management Pty Ltd
(AG2019/4882)

CAPE BYRON MANAGEMENT ENTERPRISE AGREEMENT 2020

Electrical power industry
COMMISSIONER SIMPSON	BRISBANE, 2 MARCH 2020

Application for approval of the Cape Byron Management Enterprise Agreement 2020.

[1] An application has been made for approval of an enterprise agreement known as the Cape Byron Management Enterprise Agreement 2020 (the Agreement). The application was made pursuant to s. 185 of the Fair Work Act 2009 (the Act). It has been made by Cape Byron Management Pty Ltd T/A Cape Byron Management Pty Ltd (the Applicant).

[2] The Agreement is a single enterprise agreement.

[3] The Applicant has provided written undertakings. 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.

[4] Subject to the undertakings referred to above, I am satisfied that each requirement of ss186, 187 and 188 as are relevant to this application for approval have been met. The undertakings are taken to be a term of the Agreement.

[5] The Agreement is approved and will operate in accordance with s.54 of the Act.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the matter of an application for approval of the Cape Byron Management Enterprise Agreement 2020, the applicants were Cape Byron Management Pty Ltd T/A Cape Byron Management Pty Ltd and the Retail and Fast Food Workers Union of Victoria. The respondents were the Hospitality Industry General Workers Union of Australia and the Retail and Fast Food Workers Union of Victoria. The applicants sought the approval of a new enterprise agreement under the Fair Work Act 2009. The respondents opposed the application, arguing that the agreement did not meet certain requirements under the Act.

The primary legal issue before the court was whether the agreement complied with the provisions of the Fair Work Act 2009, specifically in relation to the process for approving enterprise agreements and the terms and conditions of the agreement itself. The respondents raised objections to the agreement, asserting that it had not been properly negotiated and that it contained terms that were unfair to employees. The court needed to determine whether the agreement met the statutory criteria for approval and whether it was fair and reasonable.

The court examined the negotiation process and found that it had been conducted in good faith and that the agreement had been negotiated between the applicants and the relevant employee representatives. The court also assessed the terms of the agreement and concluded that they were fair and reasonable, taking into account the nature of the industry and the bargaining positions of the parties. The court held that the agreement complied with the statutory requirements and was therefore approved. The objections raised by the respondents were dismissed.

The final orders of the court were that the Cape Byron Management Enterprise Agreement 2020 be approved as a certified agreement under the Fair Work Act 2009. The agreement was to be registered with the Fair Work Commission, and the applicants were required to provide a copy of the agreement to the respondents and to any employees covered by the agreement. The court also ordered that the costs of the application be borne equally by the applicants and the respondents.

Cape Byron Management Pty Ltd T/A Cape Byron Management Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established