Foxey's Hangout Wine Co Pty Ltd T/A Foxey's Hangout Winery Restaurant
[2009] FWA 1718
•17 DECEMBER 2009
[2009] FWA 1718 |
|
DECISION |
Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement
(AG2009/13481)
COMMISSIONER FOGGO | MELBOURNE, 17 DECEMBER 2009 |
Application for approval of a single-enterprise agreement -Foxey's Hangout Winery Restaurant Enterprise Agreement 2009-2013 – application refused.
[1] This is an application made pursuant to section 185 of the Fair Work Act 2009 (the Act) for approval by Fair Work Australia (FWA) of an enterprise agreement. Approval is sought for an enterprise agreement between a business called Foxey’s Hangout Wine Co Pty Ltd at 795 White Hill Road, Red Hill, Victoria and three (3) employees who are eligible to be covered by the agreement. The kind of work to be done by the employees is to provide hospitality services.
[2] The Agreement which is the subject of this application is in the same terms as the applications for approval of a single enterprise agreement filed in AG2009/15030 – Café Yaringa Pty Ltd Enterprise Agreement 2009 – 2014. The decision in that application was issued by Commissioner Whelan on 1 December 2009 1. In her decision the Commissioner refused to approve the agreement on a number of grounds including that the Agreement did not pass the No Disadvantage Test, that the full terms of the Agreement were not readily accessible or obvious in the Agreement and that the Agreement named as a Fair Work Individual Contract was not a contract provided for within the scheme of the Act.
[3] Subsequent to the decision regarding Café Yaringa, Commissioner Cribb considered an application in identical terms in AG2009/12443 – Huruba Pty Ltd t/a Barnaby Allen’s Enterprise Agreement 2009 – 2013. That application is the subject of a decision issued by Commissioner Cribb on 14 December 2009 2. The Commissioner also refused to approve the application for approval of the Agreement and adopted the findings of Commissioner Whelan and declined to approve the Agreement.
[4] The application regarding Foxey’s Hangout is in identical terms to the applications pertaining to Café Yaringa and Barnaby Allen’s. Unlike the other two applications, no additional information regarding the discussions leading to the Agreement application or information provided to the employees was provided to FWA and neither was any contact made by Mr Chalker, the bargaining representative regarding this application.
[5] I similarly adopt the findings and the reasoning of Commissioner Whelan to the extant application. Pursuant to s.185 of the Act I decline to approve the Agreement.
COMMISSIONER
1 [2009] FWA 1388.
2 [2009] FWA 1600.
Printed by authority of the Commonwealth Government Printer
<Price code A, PR991855>
0
2
0