DMMG Pty Ltd as trustee for the Napoleon Unit Trust T/A Cimbalino Espresso

[2013] FWCA 2333

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

DMMG Pty Ltd as trustee for the Napoleon Unit Trust T/A Cimbalino Espresso
(AG2013/5493)

DMMG PTY LTD ENTERPRISE AGREEMENT 2012

Restaurants
DEPUTY PRESIDENT MCCARTHY	PERTH, 23 APRIL 2013

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

[1] An application has been made for approval of an enterprise agreement known as the DMMG 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, DMMG Pty Ltd as trustee for the Napoleon Unit Trust, trading as Cimbalino Espresso, sought the court's approval of a proposed enterprise agreement. The dispute arose from the negotiation of this agreement, which was intended to govern the employment conditions of certain employees within the company's coffee shops. The matter was heard in the Fair Work Commission, an Australian federal statutory body responsible for the resolution of workplace disputes.

The primary legal issue before the Commission was whether the proposed agreement complied with the relevant provisions of the Fair Work Act 2009. Specifically, the Commission needed to determine if the agreement met the requirements for "enterprise agreements" as defined by the Act, including whether it had been genuinely negotiated, was in writing, and satisfied the provisions regarding the disclosure of relevant information. Additionally, the Commission assessed whether the agreement was in the best interests of the employees it covered.

In its decision, the Commission found that the proposed agreement was indeed a genuine enterprise agreement under the Act. The Commission noted that the parties had engaged in genuine negotiations, and the agreement was properly documented in writing. The Commission also confirmed that all necessary information had been disclosed, and the agreement was fair and reasonable. Given these findings, the Commission approved the agreement, recognising that it was in the best interests of the employees involved. This decision was grounded in the principle that enterprise agreements should promote the harmonious, productive, and economic development of the industrial relations system.

The Fair Work Commission approved the DMMG Pty Ltd Enterprise Agreement 2012, affirming that it complied with the statutory requirements and was in the best interests of the employees. The decision highlighted the importance of genuine negotiation and proper documentation in the formation of enterprise agreements. This outcome provided clarity and certainty for both the employer and the employees, ensuring that the agreement would govern their industrial relations effectively.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established