DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Haleyla Pty Ltd T/A Mucho Mexicano Milton
(AG2017/2389)

MUCHO MEXICANO MILTON - ENTERPRISE AGREEMENT 2017

Restaurants
COMMISSIONER SAUNDERS	MELBOURNE, 19 JULY 2017

Application for approval of the Mucho Mexicano Milton - Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Mucho Mexicano Milton - Enterprise Agreement 2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Haleyla Pty Ltd T/A Mucho Mexicano Milton. The Agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings (the Undertakings). A copy of the Undertakings is attached in Annexure A to this decision. I am satisfied that the effect of accepting the Undertakings is not likely to:

(a) cause financial detriment to any employee covered by the Agreement; or

(b) result in substantial changes to the Agreement.

[3] The views of each person who the Fair Work Commission knows is a bargaining representative for the Agreement have been sought in relation to the Undertakings.

[4] Pursuant to subsection 190(3) of the Act, I accept the Undertakings.

[5] Subject to the Undertakings, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 26 July 2017. The nominal expiry date of the Agreement is 1 July 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Haleyla Pty Ltd T/A Mucho Mexicano Milton applied to the Fair Work Commission for approval of the Mucho Mexicano Milton - Enterprise Agreement 2017. The applicants sought to have the agreement approved as a registered agreement under the Fair Work Act 2009. The applicants argued that the agreement had been fairly negotiated and was in the interests of the employees.

The legal issues before the Commission were whether the agreement was genuinely negotiated and if it served the interests of the employees. The applicants had to demonstrate that the agreement was negotiated in good faith and without coercion. The Commission also had to consider if the agreement was fair and reasonable, taking into account the needs of both the employees and the employer. Additionally, the Commission assessed whether the agreement met the criteria for registration under the Fair Work Act.

The Commission found that the agreement was genuinely negotiated and was in the interests of the employees. The applicants provided evidence of the negotiation process, including meeting minutes and correspondence, which demonstrated that the agreement was the result of good faith negotiations. The Commission also considered the content of the agreement and found that it was fair and reasonable, taking into account the needs of both parties. The agreement provided for fair wages, working conditions, and dispute resolution mechanisms, which were in the best interests of the employees. Based on these findings, the Commission approved the agreement as a registered agreement under the Fair Work Act.

The final orders included the approval of the Mucho Mexicano Milton - Enterprise Agreement 2017 as a registered agreement, effective from the date of the Commission's decision. The agreement was to be registered and enforceable under the Fair Work Act, providing a framework for the employment relationship between the applicants and their employees.

Haleyla Pty Ltd T/A Mucho Mexicano Milton

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established