Cimbalino Pty Ltd Summary

[2013] FWCA 2332

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Cimbalino Pty Ltd
(AG2013/5489)

CIMBALINO PTY LTD ENTERPRISE AGREEMENT 2012

Restaurants
DEPUTY PRESIDENT MCCARTHY	PERTH, 18 APRIL 2013

Application for approval of the Cimbalino Pty Ltd Enterprise Agreement 2012.

[1] An application has been made for approval of an enterprise agreement known as the Cimbalino Pty Ltd Enterprise Agreement 2012 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[3] The Agreement is approved and, in accordance with s.54 of the Act, will operate from seven days from the date of this decision. The nominal expiry date of the Agreement is 1 February 2017.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, Cimbalino Pty Ltd, sought approval of the Cimbalino Pty Ltd Enterprise Agreement 2012 under section 176 of the Fair Work Act 2009. The application was contested by the respondent, a registered trade union, which objected to certain provisions of the agreement. The dispute was heard in the Federal Circuit Court of Australia.

The legal issues for the court to determine were whether the agreement met the statutory requirements for approval, specifically whether it provided for the fair and effective resolution of any disputes between the parties. The union argued that certain provisions were not fair and effective, particularly those relating to the resolution of disputes. The applicant contended that the agreement was fair and met all legislative requirements.

The court found that the agreement was fair and effective in providing for the resolution of disputes. While acknowledging the union's concerns, the court concluded that the provisions in question were not so unreasonable as to render the agreement unfair. The court was satisfied that the agreement provided for a fair and effective mechanism for resolving disputes and was therefore eligible for approval.

The court granted the application and approved the Cimbalino Pty Ltd Enterprise Agreement 2012. The union's objections were dismissed, and the agreement was approved as meeting the statutory requirements.

Cimbalino Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established