DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Jenah Tamworth Pty Ltd T/A Hogs Breath Tamworth
(AG2017/2286)

JENAH TAMWORTH PTY LTD- ENTERPRISE AGREEMENT 2017

Restaurants
COMMISSIONER SAUNDERS	MELBOURNE, 26 JULY 2017

Application for approval of the Jenah Tamworth Pty Ltd - Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Jenah Tamworth Pty Ltd - 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 Jenah Tamworth Pty Ltd T/A Hogs Breath Tamworth. 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 2 August 2017. The nominal expiry date of the Agreement is 1 May 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case involved Jenah Tamworth Pty Ltd trading as Hogs Breath Tamworth, who sought approval for their Enterprise Agreement 2017. The application was heard in the Fair Work Commission. The dispute centred around the validity and approval of the enterprise agreement, which was a collective agreement between the employer and its employees.

The legal issues that the court had to decide were whether the agreement complied with the requirements of the Fair Work Act 2009, particularly in terms of the process by which it was made and whether it contained all the mandated terms and conditions of employment. Key concerns included whether the agreement was made in good faith and whether it provided for the proper classification and remuneration of employees.

The court examined the process by which the agreement was negotiated and concluded, finding that the employer had engaged in genuine negotiations with the employees' representatives. The court also assessed the contents of the agreement to ensure it covered all mandatory terms as required by the Fair Work Act. After considering the evidence and submissions, the court found that the agreement was made in good faith and met all statutory requirements. Consequently, the court approved the Enterprise Agreement 2017.

No additional orders were made by the court beyond the approval of the enterprise agreement. The decision confirmed that the agreement would now serve as the governing document for the employment terms and conditions of the employees of Jenah Tamworth Pty Ltd trading as Hogs Breath Tamworth.

Jenah Tamworth Pty Ltd T/A Hogs Breath Tamworth

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established