DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Istanbul Holdings Pty Ltd T/A Downtown Istanbul Turkish Eatery
(AG2017/2375)

DOWNTOWN ISTANBUL - ENTERPRISE AGREEMENT 2017

Restaurants
COMMISSIONER SAUNDERS	MELBOURNE, 19 JULY 2017

Application for approval of the Downtown Istanbul - Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Downtown Istanbul - 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 Istanbul Holdings Pty Ltd T/A Downtown Istanbul Turkish Eatery. 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

Istanbul Holdings Pty Ltd, trading as Downtown Istanbul Turkish Eatery, applied to the Fair Work Commission for the approval of the Downtown Istanbul - Enterprise Agreement 2017. The application was brought before the Fair Work Commission, which has jurisdiction to approve enterprise agreements under the Fair Work Act 2009. The legal issues before the Commission were whether the agreement met the requirements of the Act, particularly whether it provided for the proper bargaining of terms and conditions of employment and if it was made in good faith and without coercion.

The Commission examined the process by which the agreement was negotiated and the content of the agreement itself. Key considerations included whether the agreement was made without any element of coercion or pressure, and whether the agreement provided for the fair and reasonable terms and conditions of employment. The Commission also evaluated whether the agreement met the "better off overall test", ensuring that employees were not worse off by the terms of the agreement compared to their previous conditions. After reviewing the evidence and submissions from both parties, the Commission determined that the agreement satisfied all legal requirements and was made in good faith.

Consequently, the Fair Work Commission approved the Downtown Istanbul - Enterprise Agreement 2017. The approval was based on the finding that the agreement was properly negotiated, free from coercion, and provided fair and reasonable terms and conditions for the employees. The agreement was deemed to meet the better off overall test, ensuring the interests of the employees were protected. The Commission's decision confirmed the validity of the agreement, which would now govern the employment terms and conditions for the relevant employees.

Istanbul Holdings Pty Ltd T/A Downtown Istanbul Turkish Eatery

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established