DECISION

Fair Work Act 2009
s.185—Enterprise agreement

East Coast Employment Services Pty Ltd T/A Bondi Backpackers
(AG2017/6000)

EAST COAST EMPLOYMENT SERVICES PTY LTD ENTERPRISE AGREEMENT 2017

Hospitality industry
COMMISSIONER LEE	MELBOURNE, 5 APRIL 2018

Application for approval of the East Coast Employment Services Pty Ltd Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the East Coast Employment Services Pty Ltd Enterprise Agreement 2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by East Coast Employment Services Pty Ltd T/A Bondi Backpackers. The Agreement is a single enterprise agreement.

[2] The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

[3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 12 April 2018. The nominal expiry date of the Agreement is 5 April 2022.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The applicant, East Coast Employment Services Pty Ltd, trading as Bondi Backpackers, sought approval of the Enterprise Agreement 2017, entered into between the applicant and its employees, which was to be registered as a registered agreement under the Fair Work Act 2009. The dispute centred on the fairness and compliance of the agreement's terms and conditions with the legislative framework governing enterprise agreements in Australia. The Fair Work Commission, acting under its powers conferred by the Fair Work Act, was tasked with determining the fairness and compliance of the proposed agreement.

The key legal issues before the Commission were whether the agreement contained provisions that were unfair within the meaning of the Fair Work Act and whether it complied with the statutory requirements for enterprise agreements. The Commission had to examine the agreement's provisions to ensure they met the criteria for fairness and did not contravene any legislative provisions. This involved assessing the agreement's terms concerning wages, conditions, and other employment-related matters, ensuring they were reasonable and did not unduly disadvantage any party.

The Fair Work Commission found that the Enterprise Agreement 2017 was fair and complied with the statutory requirements for enterprise agreements. The Commission determined that the agreement's provisions were reasonable and did not contain any unfair terms. The agreement provided for appropriate wages and conditions for employees, and the terms were not overly disadvantageous to any party. The Commission also found that the agreement met all legislative requirements, including those relating to the bargaining process, the agreement's content, and the registration process.

The Fair Work Commission approved the Enterprise Agreement 2017, registering it as a registered agreement under the Fair Work Act. The Commission found that the agreement was fair and compliant with the legislative framework. The approval ensures that the terms and conditions outlined in the agreement are legally binding on both the applicant and its employees.

East Coast Employment Services Pty Ltd T/A Bondi Backpackers

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established