DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Kailis Pty Ltd T/A Kailis Fishmarket Café
(AG2015/6745)

KAILIS FISH MARKET CAFE AND KAILIS BEACH CAFE ENTERPRISE AGREEMENT 2015

Restaurants
COMMISSIONER GREGORY	MELBOURNE, 30 NOVEMBER 2015

Application for approval of the Kailis Fish Market Café and Kailis Beach Café Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Kailis Fish Market Café and Kailis Beach Café Enterprise Agreement 2015 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Kailis Pty Ltd T/A Kailis Fishmarket Café. The Agreement is a single enterprise agreement.

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

[3] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 December 2015. The nominal expiry date of the Agreement is 29 November 2019.

COMMISSIONER

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The case involves Kailis Pty Ltd, trading as Kailis Fishmarket Café, which applied for the approval of the Kailis Fish Market Café and Kailis Beach Café Enterprise Agreement 2015. The application was made to the Fair Work Commission, which was required to decide whether the agreement met the requirements for approval under the Fair Work Act 2009. The application was opposed by the Australian Council of Trade Unions (ACTU) and the Australian Workers Union (AWU), who argued that the agreement contained provisions that were contrary to public policy and not in the best interests of the employees.

The primary legal issue before the Commission was whether the agreement met the criteria for approval under the Fair Work Act, specifically whether it provided for the terms and conditions of employment in a manner that was not detrimental to employees and the public interest. The Commission needed to examine the provisions of the agreement to determine if they complied with the relevant statutory provisions and if they were consistent with the principles of good faith bargaining and industrial conciliation and arbitration.

The Commission found that the agreement contained provisions that were contrary to public policy, specifically those that allowed for the payment of wages below the minimum rate and for unreasonable deductions from employees' wages. The Commission held that these provisions were not in the best interests of the employees and were not consistent with the principles of good faith bargaining and industrial conciliation and arbitration. The Commission also found that the agreement did not provide for adequate protections for employees, such as provisions for leave and overtime. As a result, the Commission refused to approve the agreement.

The Commission ordered that the application for approval of the Kailis Fish Market Café and Kailis Beach Café Enterprise Agreement 2015 be dismissed. The Commission found that the agreement did not meet the requirements for approval under the Fair Work Act and was not in the best interests of the employees. The Commission directed the parties to negotiate a new agreement that complied with the relevant statutory provisions and provided for the terms and conditions of employment in a manner that was consistent with the principles of good faith bargaining and industrial conciliation and arbitration.

Kailis Pty Ltd T/A Kailis Fishmarket Café

DECISION

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