Green Pig Pty Ltd

[2013] FWCA 1133

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Green Pig Pty Ltd
(AG2012/12765)

GREEN PIG PTY LTD - ENTERPRISE AGREEMENT 2012

Restaurants
COMMISSIONER CRIBB	MELBOURNE, 19 FEBRUARY 2013

Application for approval of the Green Pig Pty Ltd - Enterprise Agreement 2012.

[1] An application has been made for approval of an enterprise agreement known as the Green Pig Pty Ltd - Enterprise Agreement 2012 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Green Pig 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] An undertaking has been given with respect to clause 4.2 of the Agreement, and is taken to be a term of the Agreement. A copy of the undertaking can be found at the end of the Agreement.

[4] The Agreement was approved in Chambers on 19 February 2013 and, in accordance with s.54 of the Act, will operate from 26 February 2013. The nominal expiry date of the Agreement is 1 December 2014.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Green Pig Pty Ltd, an employer, applied to the Fair Work Commission for approval of an enterprise agreement. The dispute centred on the terms and conditions of employment for the employees covered by the proposed agreement. The Fair Work Commission was the tribunal tasked with examining the application and determining whether the agreement should be approved.

The primary legal issues before the Commission involved whether the agreement complied with the statutory requirements set out in the Fair Work Act 2009, including provisions on the procedural fairness of the agreement-making process and its substantive fairness. Specifically, the Commission had to consider whether the agreement was made in good faith and whether it provided for fair and reasonable terms and conditions of employment. The Commission also needed to ensure that the agreement met the requirements for coverage, notice, and bargaining representation.

In examining the application, the Commission assessed the evidence and submissions provided by both the employer and the employees' representative. The Commission found that the agreement was made in good faith and provided for fair and reasonable terms and conditions of employment. The Commission also determined that the agreement met the statutory requirements for coverage, notice, and bargaining representation. Therefore, the Commission approved the enterprise agreement, recognising it as a valid and binding instrument between the employer and the employees.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established