Edluchan Pty Limited, Little Bay Manly and Manly Stephens Pty Ltd (in Partnership)

[2013] FWCA 6972

FAIR WORK COMMISSION

DECISION

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

Edluchan Pty Limited, Little Bay Manly and Manly Stephens Pty Ltd (in Partnership)
(AG2013/7862)

MANLY STEPHENS ENTERPRISE AGREEMENT 2013

Fast food industry
COMMISSIONER BULL	SYDNEY, 13 SEPTEMBER 2013

Application for approval of the Manly Stephens Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Manly Stephens Enterprise Agreement 2013 (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 2 September 2013, the Commission alerted the Applicant via their legal representative that it had a number of concerns with aspects of the Agreement. These issues concerned clause 16 - Hours of work and rosters; and the rates of pay contained in the Agreement.

[3] Correspondence was received from the Applicant’s legal representative on 3 and 5 September 2013.

Undertakings

[4] With respect to clause 16 - Hours of work and rosters, and in particular, sub clause 16.4, the Applicant has provided an undertaking that this sub clause of the Agreement will not be applied and has no operation.

[5] With respect to the minimum wage schedule of the Agreement, following concerns from the Commission in relation to the rates of pay, the Applicant has provided an analysis of wage options modelling a number of indicative rosters to show that employees are better off overall. In addition to the modelling, the Applicant has provided a further undertaking that increases the minimum wage rates with respect to the minimum wage rates schedule - Option A of the Agreement.

[6] The undertakings are not so substantial that if asked to vote again the employees would not approve the Agreement. I am therefore satisfied that the undertakings do not result in substantial change to the Agreement as per s.190(3)(b) of the Act.

[7] All undertakings are taken to be terms of the Agreement. A copy of the undertakings is attached at Annexure A.

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

[9] The Agreement is approved. In accordance with s.54(1) the Agreement will operate from 20 September 2013. The nominal expiry date of the Agreement is four years from the date of operation.

COMMISSIONER

Annexure A

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The application before the Fair Work Commission involved the approval of the Manly Stephens Enterprise Agreement 2013, which was submitted by Edluchan Pty Limited, Little Bay Manly, and Manly Stephens Pty Ltd (in partnership). The dispute centred around the terms and conditions of employment within the partnership, with a particular focus on whether the proposed agreement complied with the requirements of the Fair Work Act 2009.

The primary legal issues before the Commission were whether the agreement provided adequate protections for the employees, adhered to the procedural fairness principles, and ensured that the employees' rights and entitlements were maintained in accordance with the relevant industrial laws. The Commission also considered whether the agreement appropriately balanced the interests of the employers and employees.

In its reasoning, the Commission noted that the proposed agreement contained provisions that were largely compliant with the Fair Work Act. The Commission found that the agreement provided for a reasonable balance between the interests of the parties, including fair compensation and reasonable working conditions. The Commission also determined that the necessary procedural fairness had been observed in the negotiation and drafting of the agreement. Consequently, the Commission approved the Manly Stephens Enterprise Agreement 2013, subject to certain minor modifications to address specific concerns raised during the hearing.

The final orders of the Commission included the approval of the enterprise agreement with the aforementioned modifications, ensuring that the agreement met the statutory requirements and protected the rights of both the employers and employees within the partnership.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established