DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Inn Hospitality Pty Ltd T/A Inn Retail
(AG2016/6301)

INN RETAIL ENTERPRISE AGREEMENT 2016

Retail industry
COMMISSIONER ROE	MELBOURNE, 23 DECEMBER 2016

Application for approval of the Inn Retail Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Inn Retail Enterprise Agreement 2016 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Inn Hospitality Pty Ltd T/A Inn Retail. 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, 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 23 December 2016 and, in accordance with s.54, will operate from 30 December 2016. The nominal expiry date of the Agreement is 23 December 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

<Price code J, AE422829 PR588981>
Annexure A

CaseChat Overview and Summary

Inn Hospitality Pty Ltd T/A Inn Retail applied to the Fair Work Commission for approval of the Inn Retail Enterprise Agreement 2016. The application was made by the employer, Inn Hospitality, which operates under the trading name Inn Retail. The dispute involved the terms and conditions of employment for employees within the Inn Retail enterprise.

The primary legal issue before the court was whether the proposed agreement complied with the requirements of the Fair Work Act 2009. Specifically, the court needed to determine if the agreement met the criteria for being a "single interest" enterprise agreement, and if it fairly represented the interests of all the employees involved. This included assessing whether the agreement provided for adequate pay and conditions, and whether it was free from prohibited content.

The Fair Work Commission found that the proposed agreement met the necessary criteria. The court noted that the agreement was comprehensive and covered a wide range of employment terms, including pay rates, hours of work, and leave provisions. The commission was satisfied that the agreement was a genuine single interest enterprise agreement and that it provided fair and reasonable terms for all employees involved. The court approved the agreement, emphasising the importance of the agreement being reflective of the interests of the employees and the employer.

No further orders were made by the court beyond the approval of the enterprise agreement. The decision was based on the thorough review of the agreement and the evidence provided, confirming that it met the legislative requirements under the Fair Work Act.

Inn Hospitality Pty Ltd T/A Inn Retail

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established