DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Faraone Pty Ltd T/A Murray Lodge Supported Accommodation
(AG2017/1827)

MURRAY LODGE ENTERPRISE AGREEMENT 2017

Hospitality industry
COMMISSIONER LEE	MELBOURNE, 8 JUNE 2017

Application for approval of the Murray Lodge Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Murray Lodge 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 Faraone Pty Ltd T/A Murray Lodge Supported Accommodation. 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 15 June 2017. The nominal expiry date of the Agreement is 7 June 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The applicants, Faraone Pty Ltd trading as Murray Lodge Supported Accommodation, sought approval of the Murray Lodge Enterprise Agreement 2017. The Fair Work Commission was asked to determine whether the agreement met the requirements of the Fair Work Act 2009. The applicants argued that the agreement provided for fair and reasonable terms and conditions of employment, while the respondents contended that the agreement did not adequately protect the employees' rights and interests.

The legal issues before the court included whether the agreement provided for minimum terms and conditions, the process for bargaining, and the manner in which the agreement was formed. The court was also required to determine if the agreement complied with the Fair Work Act's requirements for good faith bargaining and the provision of a copy of the agreement to employees. Further, the court needed to consider whether the agreement was made in a manner that did not unfairly discriminate against any employee or class of employees.

In reaching its decision, the court examined the evidence presented by both parties, including witness testimonies and documentation. The court found that the agreement provided for fair and reasonable terms and conditions of employment and that it was made in good faith. The court also determined that the agreement complied with the requirements of the Fair Work Act, including the provision of a copy of the agreement to employees. As such, the court approved the Murray Lodge Enterprise Agreement 2017.

The Fair Work Commission approved the Murray Lodge Enterprise Agreement 2017, finding that it provided for fair and reasonable terms and conditions of employment and was made in good faith. The court also found that the agreement complied with the requirements of the Fair Work Act, including the provision of a copy of the agreement to employees. The agreement was approved, and the applicants' application was successful.

Faraone Pty Ltd T/A Murray Lodge Supported Accommodation

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established