DECISION

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

Halcyon Cabarita Beach Pty Ltd T/A Halcyon House Cabarita
(AG2015/2783)

HALCYON HOUSE CABARITA ENTERPRISE AGREEMENT 2015

Hospitality industry
COMMISSIONER ROBERTS	SYDNEY, 17 JUNE 2015

Application for approval of the Halcyon House Cabarita Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Halcyon House Cabarita Enterprise Agreement 2015 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by Halcyon Cabarita Beach Pty Ltd trading as Halcyon House Cabarita. The Agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss186, 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 24 June 2015. The nominal expiry date is four (4) years from that date.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, Halcyon Cabarita Beach Pty Ltd trading as Halcyon House Cabarita, sought approval of the Halcyon House Cabarita Enterprise Agreement 2015 from the Fair Work Commission. The dispute arose from a claim by the applicant that the employees were not covered by an existing enterprise agreement, necessitating a new agreement. The Fair Work Commission was tasked with determining whether the application met the statutory criteria for approval under the Fair Work Act 2009.

The central legal issue before the Commission was whether the proposed agreement complied with the procedural and substantive requirements set forth in the Act. This involved assessing the fairness of the agreement, including the balance of rights and obligations, the method of its negotiation, and whether it adequately covered the employees' terms and conditions of employment. The Commission also had to consider the evidence provided regarding the negotiation process and whether it was conducted in good faith.

In reaching its decision, the Fair Work Commission meticulously reviewed the application and the supporting documentation. The Commission determined that the agreement satisfied the necessary criteria for approval. The negotiation process was deemed to be conducted in good faith, and the agreement itself was fair and reasonable. The Commission was satisfied that the agreement met all statutory requirements, and it approved the application accordingly.

The Fair Work Commission granted the application for approval of the Halcyon House Cabarita Enterprise Agreement 2015. The agreement was thus approved and would serve as the basis for the terms and conditions of employment for the relevant employees.

Halcyon Cabarita Beach Pty Ltd T/A Halcyon House Cabarita

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established