Fonda Service Pty Ltd

[2022] FWCA 524

[2022] FWCA 524

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Fonda Service Pty Ltd

(AG2021/9348)

Fonda Service Enterprise Agreement 2021

Hospitality industry
COMMISSIONER O'NEILL	MELBOURNE, 16 FEBRUARY 2022

Application for approval of the Fonda Service Enterprise Agreement 2021

1. Fonda Service Pty Ltd has applied for approval of an enterprise agreement known as the Fonda Service Enterprise Agreement 2021 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) and is a single enterprise agreement.

1. The Employer 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. The undertakings are taken to be a term of the Agreement.

1. 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.

1. I observe that the following provisions are likely to be inconsistent with the National Employment Standards (NES):

·           Clause 25 – Leave;

·           Clause 26.1 – Allocation of public holiday shifts;

·           Clause 28.7 – Termination – Notice;

·           Clause 32.2 – Continuity of Service; and

·           Clause 39.1 – Return of Fonda Property.

However, noting the undertakings given by the Employer, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

1. The Agreement is approved and, in accordance with s.54 of the Act, will operate from 23 February 2022. The nominal expiry date of the Agreement is 16 February 2026.

COMMISSIONER

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Annexure A