Gastro West Pty Ltd

[2013] FWCA 4178

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Gastro West Pty Ltd
(AG2013/6904)

GASTRO WEST PTY LTD SUPPORT SERVICES ENTERPRISE AGREEMENT 2013

Health and welfare services
DEPUTY PRESIDENT HAMILTON	MELBOURNE, 26 JUNE 2013

Application for approval of the Gastro West Pty Ltd Support Services Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Gastro West Pty Ltd Support Services Enterprise Agreement 2013 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Gastro West 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] The Agreement is approved and, in accordance with s.54, will operate from 3 July 2013. The nominal expiry date of the Agreement is 31 December 2016.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Gastro West Pty Ltd applied to the Fair Work Commission for approval of the Gastro West Pty Ltd Support Services Enterprise Agreement 2013. The Fair Work Commission assessed whether the agreement met the legal requirements for approval under the Fair Work Act 2009. The dispute involved whether the agreement provided for fair and reasonable terms and conditions of employment, including minimum wages, leave entitlements, and dispute resolution mechanisms.

The court examined several legal issues, including whether the agreement provided for the minimum terms and conditions set out in the Fair Work Act, whether the agreement was negotiated in good faith, and whether it complied with procedural fairness. The court also considered whether the agreement included appropriate mechanisms for resolving disputes between the employer and employees.

The Fair Work Commission found that the agreement provided for fair and reasonable terms and conditions of employment, including minimum wages, leave entitlements, and dispute resolution mechanisms. The court held that the agreement was negotiated in good faith and complied with procedural fairness. The Commission found that the agreement included appropriate mechanisms for resolving disputes between the employer and employees. As a result, the Fair Work Commission approved the agreement.

The Fair Work Commission approved the Gastro West Pty Ltd Support Services Enterprise Agreement 2013, finding that it met the legal requirements for approval under the Fair Work Act. The Commission found that the agreement provided for fair and reasonable terms and conditions of employment, including minimum wages, leave entitlements, and dispute resolution mechanisms. The Commission also found that the agreement was negotiated in good faith and complied with procedural fairness. The agreement was approved, and the parties were bound by its terms.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established