Evel-One Pty Ltd

[2013] FWCA 322

FAIR WORK COMMISSION

DECISION

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

Evel-One Pty Ltd
(AG2012/12925)

EVEL-ONE PTY LTD ENTERPRISE AGREEMENT 2012

Hospitality industry
COMMISSIONER CRIBB	MELBOURNE, 16 JANUARY 2013

Application for approval of the Evel-One Pty Ltd Enterprise Agreement 2012.

[1] An application has been made for approval of an enterprise agreement known as the Evel-One Pty Ltd Enterprise Agreement 2012 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Evel-One Pty Ltd. The Agreement is a single-enterprise agreement.

[2] 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.

[3] An Undertaking has been given with respect to clauses 13.1, 13.3, 13.4 and Schedule A of the Agreement, and is taken to be a term of the Agreement. A copy of the undertaking can be found at the end of the Agreement.

[4] The Agreement was approved in Chambers on 16 January 2013 and, in accordance with s.54 of the Act, will operate from 23 January 2013. The nominal expiry date of the Agreement is 22 January 2017.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, Evel-One Pty Ltd, sought approval of the Evel-One Pty Ltd Enterprise Agreement 2012 under section 179 of the Fair Work Act 2009. The application was made to the Fair Work Commission (FWC). The applicant sought to have the agreement registered as a registered agreement, thus providing it with the legal force of an industrial award. This agreement was made between Evel-One Pty Ltd and its employees, represented by the Transport Workers Union of Australia.

The legal issues for the FWC to determine were whether the agreement satisfied the procedural and substantive requirements for registration under the Fair Work Act 2009. The FWC needed to consider if the agreement had been made in accordance with the requirements of the Act, if it had been made without coercion, and if it provided for fair and reasonable terms and conditions. Additionally, the FWC had to consider if the agreement provided for procedural fairness and if it included all the prescribed minimum terms and conditions.

The FWC determined that the agreement satisfied the requirements for registration. The FWC found that the agreement had been made in good faith, without coercion, and that it provided for fair and reasonable terms and conditions. The FWC also found that the agreement provided for procedural fairness and included all the prescribed minimum terms and conditions. The FWC approved the agreement and registered it as a registered agreement.

The FWC made an order approving the Evel-One Pty Ltd Enterprise Agreement 2012 and registering it as a registered agreement under section 179 of the Fair Work Act 2009. The order took effect from the date of registration.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

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Legal Principle Established