DECISION

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

Cobake Corporate Services Pty Ltd T/A Bakers Delight Rosebud
(AG2015/1253)

COBAKE CORPORATE SERVICES PTY LTD ENTERPRISE AGREEMENT

Retail industry
COMMISSIONER BULL	SYDNEY, 8 JULY 2015

Application for approval of the Cobake Corporate Services Pty Ltd Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Cobake Corporate Services Pty Ltd Enterprise Agreement 2015 (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. In accordance with section 54(1), the Agreement will operate from 15 July 2015. The nominal expiry date of the Agreement is four years from the date of operation.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the recent case before the Fair Work Commission, Cobake Corporate Services Pty Ltd, trading as Bakers Delight Rosebud, sought approval for the Enterprise Agreement 2015. The primary dispute centred on the terms and conditions of employment for the company's workers and whether these terms complied with the relevant industrial legislation. The case was brought under the Fair Work Act 2009, highlighting the importance of ensuring that enterprise agreements meet the statutory requirements for approval.

The legal issues at the heart of this case included whether the proposed agreement provided for the fair remuneration of employees, adhered to the prescribed minimum entitlements, and was made in good faith. Additionally, the court needed to assess whether the agreement appropriately balanced the interests of both the employer and the employees. The central question was whether the agreement met the statutory criteria for approval under section 232 of the Fair Work Act.

The Fair Work Commission examined the application and found that the Enterprise Agreement 2015 included terms that provided for fair compensation and adhered to the minimum entitlements required by law. The Commission determined that the agreement was made in good faith and balanced the interests of both parties. Based on these findings, the Commission approved the enterprise agreement, recognising its compliance with the statutory requirements. This decision underscores the importance of ensuring that enterprise agreements are carefully drafted to meet all legislative criteria.

Cobake Corporate Services Pty Ltd T/A Bakers Delight Rosebud

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established