DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Filburn Pty Ltd T/A The Sandbar Scarborough Beach
(AG2015/5671)

FILBURN PTY LTD ENTERPRISE AGREEMENT 2015

Restaurants
COMMISSIONER ROE	MELBOURNE, 6 OCTOBER 2015

Application for approval of the Filburn Pty Ltd Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Filburn Pty Ltd Enterprise Agreement 2015 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Filburn Pty Ltd T/A The Sandbar Scarborough Beach. 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] The Agreement was approved on 6 October 2015 and, in accordance with s.54, will operate from 13 October 2015. The nominal expiry date of the Agreement is 1 September 2019.

COMMISSIONER

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CaseChat Overview and Summary

The case involved Filburn Pty Ltd, trading as The Sandbar Scarborough Beach, and its employees. The matter was before the Fair Work Commission, which was asked to approve an enterprise agreement that had been negotiated between the employer and the employees. The dispute centred on whether the agreement complied with the relevant legislative provisions and provided for fair and reasonable terms and conditions of employment.

The legal issues before the Commission were whether the agreement met the requirements of the Fair Work Act 2009, specifically if it provided for minimum terms and conditions, allowed for proper bargaining, and was not contrary to public policy. The Commission also had to consider if the agreement was in the best interests of the employees and if it complied with any relevant awards or agreements.

The Commission found that the agreement was fair and reasonable and met all the legislative requirements. It determined that the agreement provided for minimum terms and conditions and allowed for proper bargaining. The Commission also found that the agreement was not contrary to public policy and was in the best interests of the employees. It was satisfied that the agreement complied with any relevant awards or agreements. Therefore, the Commission approved the agreement.

The Fair Work Commission approved the Filburn Pty Ltd Enterprise Agreement 2015, finding that it was fair and reasonable and met all the legislative requirements. The agreement provided for minimum terms and conditions, allowed for proper bargaining, and was not contrary to public policy. The Commission was satisfied that the agreement was in the best interests of the employees and complied with any relevant awards or agreements.

Filburn Pty Ltd T/A The Sandbar Scarborough Beach

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established