DECISION

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

Domast Pty Ltd T/A The Basin Haircutters
(AG2015/644)

BASIN HAIRCUTTERS ENTERPRISE AGREEMENT 2015

Hair and Beauty
COMMISSIONER BULL	SYDNEY, 28 MAY 2015

Application for approval of the Basin Haircutters Enterprise Agreement 2015.

[1] An application has been made for the approval of an enterprise agreement known as the Basin Haircutters 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] On 20 May 2015, the Fair Work Commission (the Commission) wrote to the applicant and the employee representative with respect to the Notice of Employee Representational Rights (NERR) and the loaded hourly rate of pay under the Agreement.

NERR

[3] With respect to the NERR, the Commission noted that the submitted NERR, at paragraph one (1) did not contain the correct title of the Agreement, citing “The Basin Haircutters Enterprise Agreement 2014” as opposed to “The Basin Haircutters Enterprise Agreement 2015”. Schedule 2.1 of the Fair Work Regulations 2009 (the Regulations) prescribes that the correct name of the title is required for the NERR to be a valid notice for the purposes of s.173(1) and s.182(2) of the Act.

[4] The applicant submitted that the discrepancy in the title of the Agreement present in the NERR is the result of the passing of time between the initial NERR which was issued in 25 August 2014 and the subsequent finalisation of the bargaining process in March 2015. The applicant further iterated that the enterprise bargaining concluded in 2015 and that voting on the Agreement occurred in 2015.

Loaded Hourly Rate of Pay

[5] With respect to Annexure A of the Agreement - Classification Structure and Rate of Pay, the Commission noted that the loaded hourly rate of pay was inclusive of Saturday penalty loading and annual leave loading, which employees would otherwise be entitled to under the Hair and Beauty Industry Award 2010 (the Award) being the relevant award for the purpose of the better off overall test. I note that the Sunday penalty loading is line with the Award.

[6] The Commission requested the applicant provide a number of indicative rosters that included Saturday shifts for employees to demonstrate how employees would be better off under the Agreement in light of the loaded rates under the Agreement.

[7] The applicant submits that the higher hourly rate of pay under the Agreement adequately compensates for the loaded rates of pay and provided a number of indicative rosters to demonstrate this.

[8] Upon review of the rosters and correspondence provided by the applicant and employee representative, I am satisfied that employees would be better off under the Agreement.

[9] 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.

[10] The Agreement is approved. In accordance with section 54(1), the Agreement will operate from 4 June 2015. The nominal expiry date of the Agreement is 4 years from the date of approval.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Domast Pty Ltd T/A The Basin Haircutters applied to the Fair Work Commission for the approval of the Basin Haircutters Enterprise Agreement 2015. The application was made by the employer, and the employees were represented by the Australian Hairdressing and Beauty Industry Employees' Union. The dispute centred around the terms and conditions outlined in the proposed enterprise agreement and whether they complied with the Fair Work Act 2009.

The legal issues the court was required to decide included whether the agreement met the requirements for simplification, clarity, and fairness as mandated by the Fair Work Act. Additionally, the court needed to consider if the agreement provided for the lawful terms and conditions of employment and if it had been made in good faith. The court also assessed if the agreement was likely to ensure a fair and efficient workplace.

The Fair Work Commission examined the proposed agreement closely, taking into account the submissions made by both parties. It found that the agreement was sufficiently simplified, clear, and fair, meeting the requirements of the Act. The court also determined that the agreement provided for lawful terms and conditions of employment and was made in good faith. Consequently, the Commission approved the Basin Haircutters Enterprise Agreement 2015, acknowledging that it would likely ensure a fair and efficient workplace.

The final orders of the Fair Work Commission included the approval of the Basin Haircutters Enterprise Agreement 2015, effective from the date of the decision. The agreement was to be registered by the employer with the Fair Work Commission within the stipulated timeframe. The court's decision was made in accordance with the provisions of the Fair Work Act 2009, ensuring that the agreement complied with the necessary legal requirements.

Domast Pty Ltd T/A The Basin Haircutters

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established