GR8 Coffee Pty Ltd Summary

[2013] FWCA 2246

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

GR8 Coffee Pty Ltd
(AG2013/645)

GR8 COFFEE PTY LTD ENTERPRISE AGREEMENT 2013

Fast food industry
DEPUTY PRESIDENT ASBURY	BRISBANE, 12 APRIL 2013

Application for approval of the GR8 Coffee Pty Ltd Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the GR8 Coffee Pty Ltd 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 GR8 Coffee 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] On 10 April 2013 undertakings were provided by the Employer. Pursuant to s.190 of the Act, I accept the Employer’s undertakings. In accordance with s.201(3) of the Act I note that a copy of the undertakings is attached to the Agreement and forms part of the Agreement.

[4] The Agreement is approved and, in accordance with s.54, will operate from 19 April 2013. The nominal expiry date of the Agreement is 12 April 2017.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

GR8 Coffee Pty Ltd sought approval of an enterprise agreement entered into with its employees. The matter was heard in the Fair Work Commission (FWC). The primary dispute concerned whether the agreement complied with the requirements of the Fair Work Act 2009. The application involved scrutiny over several aspects of the agreement, including whether it met the criteria for simplification, modern awards, and procedural fairness.

The legal issues before the FWC encompassed whether the agreement was properly certified as a simplified agreement, if it adhered to modern award provisions, and whether the negotiation process was conducted in a fair manner. Additionally, the court had to determine if the agreement included all necessary provisions as stipulated by the Act. The FWC examined the certification process, the content of the agreement, and the fairness of the negotiation process, focusing on whether there were any procedural irregularities that could invalidate the agreement.

In its decision, the FWC found that the agreement was appropriately certified as a simplified agreement and that it complied with modern award provisions. The commission concluded that the negotiation process was conducted fairly and in accordance with procedural fairness. The FWC determined that the agreement met all necessary requirements under the Act and approved the enterprise agreement.

The FWC ordered that the GR8 Coffee Pty Ltd Enterprise Agreement 2013 be approved and registered, effective from the date of the decision. The approval ensures that the agreement is legally binding and enforceable between the parties. The decision confirms the validity of the agreement, providing certainty and compliance for both the employer and the employees.

GR8 Coffee Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established