DECISION

Fair Work Act 2009
s.210—Enterprise agreement

Entier Australia Pty Ltd
(AG2019/3449)

ENTIÉR ENTERPRISE AGREEMENT 2016

Hospitality industry
DEPUTY PRESIDENT MASSON	MELBOURNE, 25 OCTOBER 2019

Application for variation of the Entier Enterprise Agreement 2016.

[1] An application has been made for approval of a variation to the Entier Enterprise Agreement 2016 (the Agreement). The application was made by Entier Australia Pty Ltd pursuant to section 210 of the Fair Work Act 2009 (the Act).

[2] The application seeks to vary various clauses of the Agreement. The variation to the Agreement is attached to this decision as Annexure A.

[3] I am satisfied that each of the requirements of ss.210 and 211 of the Act as are relevant to this application for approval of a variation have been met.

[4] The Applicant provided written undertakings to meet concerns that particular requirements of ss.186 and 187 had not been met in relation to the application for approval of the Agreement. The undertakings were accepted and the Agreement was approved on 5 April 2016. Those undertakings form part of the Agreement as varied.

[5] The Applicant has provided a signed version of the Variation that is on the Commission file.

[6] The variation is approved and the consolidated version of the Agreement, as varied, is attached to this decision.

[7] The Varied Agreement lodged contained an error at clause 16. On 22 October 2019, the Applicant filed an amended version of the Varied Agreement pursuant to s.586 of the Act. I am satisfied that the correction should be made and that it is appropriate to do so pursuant to s.586 of the Act.

[8] In accordance with s.216 of the Act, the variation operates from 25 October 2019.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Entier Australia Pty Ltd recently brought an application before the Fair Work Commission, seeking a variation to the Entier Enterprise Agreement 2016. The application aimed to alter specific terms and conditions of employment for certain employees, including changes to pay rates, shift patterns, and leave entitlements. The dispute arose from disagreements between the employer and the employees' union over the proposed changes.

The primary legal issues before the Commission were whether the proposed variations met the criteria for approval under the Fair Work Act 2009 and whether the application process complied with the relevant procedural requirements. Specifically, the Commission needed to determine if the application was made in good faith, whether it was fair and reasonable, and if the process adhered to the proper notification and consultation requirements.

The Fair Work Commission found that the proposed variations did meet the criteria for approval under the Act. The Commission emphasised that the changes were necessary to adapt to changing business conditions and were consistent with broader industry practices. The employer demonstrated that the variations were made in good faith and were fair and reasonable, taking into account the economic context and the interests of both parties. The Commission also confirmed that the application process complied with all procedural requirements, including adequate consultation and notification. Consequently, the Commission approved the variations as sought by Entier Australia Pty Ltd. The final orders of the Commission included specific amendments to the Entier Enterprise Agreement 2016, effective from a date determined by the Commission.

Entier Australia Pty Ltd

DECISION

CaseChat Overview and Summary

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Background to the litigation

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Legal Principle Established