DM Jones & N Reyes t/as Little Larder Port Douglas

[2015] FWCA 5405

[2015] FWCA 5405

FAIR WORK COMMISSION

DECISION

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

DM Jones & N Reyes t/as Little Larder Port Douglas
(AG2015/4051)

LITTLE LARDER PORT DOUGLAS ENTERPRISE BARGAINING AGREEMENT 2015

Restaurants
DEPUTY PRESIDENT SAMS	SYDNEY, 10 AUGUST 2015

Application for approval of the Little Larder Port Douglas Enterprise Bargaining Agreement 2015.

[1] This is an application, pursuant to s 185 of the Fair Work Act 2009 (the ‘Act’), filed by DM Jones & N Reyes t/as Little Larder Port Douglas (the ‘applicant’) which seeks the approval of the Fair Work Commission (the ‘Commission’) of a single enterprise agreement to be known as the Little Larder Port Douglas Enterprise Bargaining Agreement 2015 (the ‘Agreement’). The Agreement is to cover 15 employees who are employed at the applicant’s restaurant in Port Douglas, Queensland.

[2] The employees were last notified of their representational rights on 4 May 2015, and voting for the Agreement’s approval took place between 13 and 17 July 2015. The time limits under s 181(2) of the Act are thereby satisfied. In a secret ballot, all 14 of the employees who cast a valid vote, agreed to approve the Agreement. The application for approval of the Agreement was lodged on 21 July 2015, thereby satisfying s 185(3) of the Act.

[3] In the Employer’s Declaration in support of the application (Form F17), Mr D Jones, Directoridentified the Restaurant Industry Award 2010 [MA000119] as the relevant reference instrument for the purposes of the Better Off Overall Test (the ‘BOOT’). Mr Jonessaid that the Agreement does not provide for penalty rates or allowances, but that these have been loaded into higher rates of pay and that, on the basis of rotating shifts, the employees would be better off. On balance, I am satisfied that the Agreement passes the BOOT. The Agreement provides for the mandatory flexibility and consultation terms at clauses 7.1 and 7.3 respectively, and a disputes resolution procedure at clause 2.4 provides for conciliation by the Commission.

[4] At a hearing of the application on 5 August 2015, Ms T Fabiani and Ms R Bottomer of HR Dynamicsappeared with Mr D Jones for the applicant. Ms Fabiani outlined the main features of the Agreement and submitted that all of the legislative requirements for approval of the Agreement have been satisfied and the Agreement should be approved by the Commission. She explained that rates of pay are to be increased by 2.5% on 1 July 2016, 1 July 2017 and 1 July 2018.

[5] Having heard the applicant’s submissions and upon reviewing the terms of the preapproval process documentation and the Agreement itself, I am satisfied that all of the requirements of the Act, in particular ss 180, 186, 187 and 188, in so far as relevant to this application, have been met. Accordingly, I approve a single enterprise agreement known as the Little Larder Port Douglas Enterprise Bargaining Agreement 2015.Pursuant to s 54 of the Act, the Agreement shall operate from 12 August 2015 and have a nominal expiry date of 30 June 2019.

DEPUTY PRESIDENT

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