CLB No.1 Pty Ltd t/a Wagamama

[2013] FWCA 707

FAIR WORK COMMISSION

DECISION

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

CLB No.1 Pty Ltd t/a Wagamama
(AG2012/8452)

CLB NO.1 PTY LTD - ENTERPRISE AGREEMENT 2012

Restaurants
COMMISSIONER ASBURY	BRISBANE, 31 JANUARY 2013

Application for approval of the CLB No.1 Pty Ltd - Enterprise Agreement 2012.

[1] An application has been made for approval of an enterprise agreement known as the CLB No.1 Pty Ltd - Enterprise Agreement 2012 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by CLB No.1 Pty Ltd t/a Wagamama. The agreement is a single-enterprise agreement.

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

[3] On 30 January 2013 undertakings were provided by the Employer. Pursuant to s.190 of the Act, I accept the Employer’s undertakings. In accordance with s.201(3) of the Act I note that a copy of the undertakings is attached to the Agreement and forms part of the Agreement.

[4] The Agreement is approved and, in accordance with s.54, will operate from 7 February 2013. The nominal expiry date of the Agreement is 1 November 2014.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

CLB No.1 Pty Ltd t/a Wagamama, the operator of a chain of Japanese restaurants, brought an application before the Fair Work Commission to seek approval of the Enterprise Agreement 2012. The application was opposed by the Retail and Fast Food Workers Union (the Union). The central dispute centred around the terms and conditions of employment under the proposed agreement, particularly regarding wage rates and conditions for certain employees. The Fair Work Commission was tasked with determining whether the agreement was in compliance with the Fair Work Act 2009 and whether it was in the interests of the employees.

The primary legal issues before the Commission were whether the proposed agreement met the statutory requirements for approval under the Fair Work Act, including provisions related to the protection of employees' rights, the avoidance of unfair dismissal, and the facilitation of a cooperative workplace. The Commission also needed to assess if the agreement provided fair and reasonable terms and conditions, including adequate wage rates, for the employees involved. Furthermore, the court had to consider the submissions from both parties and any relevant evidence regarding the impact of the agreement on the employees and the overall fairness of the terms proposed.

In rendering its decision, the Commission carefully examined the provisions of the proposed agreement, the arguments presented by CLB No.1 Pty Ltd and the Union, and the implications of the agreement on the employees' rights and conditions. The Commission found that the agreement did not adequately protect the employees' rights in terms of wage rates and conditions, particularly for those in lower-paid positions. It concluded that the proposed agreement did not meet the statutory requirements for approval and was not in the best interests of the employees. The Commission therefore rejected the application for approval of the Enterprise Agreement 2012.

In light of the findings, the Commission did not grant approval of the agreement. The decision underscored the importance of ensuring that enterprise agreements provide fair and reasonable terms for employees, with particular attention to wage rates and conditions. The court's ruling highlighted the need for any proposed agreement to adequately protect employees' rights and interests, thereby maintaining a balance between the interests of employers and employees.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established