Entier Australia Pty Ltd

[2016] FWCA 2123

DECISION

Fair Work Act 2009
s.185—Enterprise agreement
Entiér Australia Pty Ltd
(AG2016/371)
ENTIÉR ENTERPRISE AGREEMENT 2016
Hospitality industry
COMMISSIONER ROE	MELBOURNE, 5 APRIL 2016
Application for approval of the Entiér Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the

Entiér Enterprise Agreement 2016 (the Agreement). The application was made pursuant to

s.185 of the Fair Work Act 2009 (the Act). It has been made by Entiér Australia Pty Ltd. 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 Applicant has provided a signed version of the agreement that is on the

Commission file.
[2016] FWCA 2123

[5] The Agreement was approved on 5 April 2016 and, in accordance with s.54, will

operate from 12 April 2016. The nominal expiry date of the Agreement is 5 April 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

[2016] FWCA 2123

ANNEXURE A

CaseChat Overview and Summary

Entiér Australia Pty Ltd applied for the approval of the Entiér Enterprise Agreement 2016 (the Agreement) under section 185 of the Fair Work Act 2009. The Agreement was a single enterprise agreement covering the hospitality industry. The applicant provided written undertakings which were satisfactory to the Commissioner, ensuring that the agreement would not result in financial detriment to employees or substantial changes to the agreement.

The legal issues before the Commissioner were whether the Agreement met the requirements of sections 186, 187, 188, and 190 of the Act, which pertain to the approval of enterprise agreements. These sections address matters such as the agreement being in writing, the parties to the agreement, and the agreement being made in good faith. Additionally, the Commissioner had to consider the written undertakings provided by the applicant and ensure they would not negatively impact employees.

After reviewing the application and the provided undertakings, the Commissioner determined that the Agreement fulfilled the necessary requirements for approval. The Commissioner was satisfied that the written undertakings would not cause financial detriment to employees and would not result in substantial changes to the Agreement. The signed version of the agreement was also on file with the Commission. Based on this, the Commissioner approved the Agreement, which would operate from 12 April 2016 and expire on 5 April 2020.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established