DECISION

Fair Work Act 2009
s.185—Enterprise agreement

HBC Tasmania Pty Ltd T/A Hog’s Breath Cafe Launceston
(AG2015/178)

HBC TASMANIA PTY LTD - ENTERPRISE AGREEMENT 2014

Tasmania
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 6 MARCH 2015

Application for approval of the HBC Tasmania Pty Ltd - Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the HBC Tasmania Pty Ltd - Enterprise Agreement 2014 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by HBC Tasmania Pty Ltd T/A Hog’s Breath Cafe Launceston. The agreement is a single enterprise agreement.

[2] The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

[3] Subject to the undertakings referred to above, and on the basis of the material contained in the application and accompanying statutory declaration, 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.

[4] The Agreement was approved on 6 March 2015 and, in accordance with s.54, will operate from 13 March 2015. The nominal expiry date of the Agreement is 1 January 2018.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

The applicant, HBC Tasmania Pty Ltd trading as Hog’s Breath Cafe Launceston, sought the approval of the Fair Work Commission for an enterprise agreement. The agreement was entered into between the applicant and a number of its employees. The applicant argued that the agreement was in accordance with the relevant provisions of the Fair Work Act 2009, including the requirement for the agreement to facilitate the highest possible level of harmonious, productive and cooperative workplace relations.

The court was required to determine whether the enterprise agreement met the necessary criteria for approval under the Fair Work Act 2009. This included assessing whether the agreement provided for the highest possible level of harmonious, productive and cooperative workplace relations, and whether it complied with the other relevant provisions of the Act. The court also needed to consider whether the agreement had been genuinely agreed to by the parties and whether it was in the best interests of the employees.

In its decision, the Fair Work Commission found that the enterprise agreement did meet the necessary criteria for approval. The Commission determined that the agreement provided for harmonious, productive and cooperative workplace relations and complied with the other relevant provisions of the Act. The Commission was satisfied that the agreement had been genuinely agreed to by the parties and was in the best interests of the employees. As a result, the Commission approved the enterprise agreement.

The Fair Work Commission approved the enterprise agreement entered into between HBC Tasmania Pty Ltd and its employees. The Commission found that the agreement met the necessary criteria for approval under the Fair Work Act 2009, including providing for the highest possible level of harmonious, productive and cooperative workplace relations. The Commission also determined that the agreement complied with the other relevant provisions of the Act, had been genuinely agreed to by the parties and was in the best interests of the employees.

HBC Tasmania Pty Ltd T/A Hog’s Breath Cafe Launceston

DECISION

ANNEXURE A

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established