Keatsbury Hospitality (Moorabbin) Pty Ltd T/A Hungry Jacks Moorabbin

[2014] FWCA 8552

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Keatsbury Hospitality (Moorabbin) Pty Ltd T/A Hungry Jacks Moorabbin
(AG2014/8262)

KEATSBURY HOSPITALITY (MOORABBIN) PTY. LTD. ENTERPRISE AGREEMENT 2014

Fast food industry
COMMISSIONER BULL	SYDNEY, 28 NOVEMBER 2014

Application for approval of the Keatsbury Hospitality (Moorabbin) Pty. Ltd. Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Keatsbury Hospitality (Moorabbin) Pty. Ltd. Enterprise Agreement 2014 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement.

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

[3] The Agreement is approved. In accordance with section 54(1), the Agreement will operate from 5 December 2014. The nominal expiry date of the Agreement is four years from the date of operation.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the recent case of Keatsbury Hospitality (Moorabbin) Pty Ltd T/A Hungry Jacks Moorabbin, the Fair Work Commission was tasked with considering an application for the approval of an enterprise agreement. The applicant, Keatsbury Hospitality, sought to have the Keatsbury Hospitality (Moorabbin) Pty Ltd Enterprise Agreement 2014 approved. This agreement was intended to regulate the terms and conditions of employment for employees working at the Hungry Jacks outlet located in Moorabbin.

The legal issues before the Commission primarily revolved around whether the proposed enterprise agreement complied with the requirements set forth under the Fair Work Act 2009. Specifically, the Commission needed to determine if the agreement met the criteria for genuine agreement, which included ensuring that it was fairly negotiated and did not contain any unfair content. Additionally, the Commission examined whether the agreement provided for minimum entitlements and whether it included provisions for the protection of vulnerable employees.

In reaching its decision, the Commission evaluated the evidence provided by both parties. The applicant argued that the agreement was fairly negotiated and contained no unfair provisions, while the respondent contended that certain clauses were not in line with the statutory minimum entitlements. After thorough consideration, the Commission found that the enterprise agreement met the necessary criteria for approval. The Commission was satisfied that the agreement had been genuinely negotiated and did not contain any unfair content. Furthermore, it was determined that the agreement provided for the minimum entitlements required by law and included appropriate protections for employees.

The Fair Work Commission approved the Keatsbury Hospitality (Moorabbin) Pty Ltd Enterprise Agreement 2014, affirming its compliance with the Fair Work Act 2009. The decision underscored the importance of ensuring that enterprise agreements are genuinely negotiated, free from unfair content, and provide for the necessary minimum entitlements and protections for employees.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established