Koko Black Australia Pty Ltd T/A Koko Black

[2018] FWCA 3586

FAIR WORK COMMISSION

decision

Fair Work Act 2009

s.185—Enterprise agreement

Koko Black Australia Pty Ltd T/A Koko Black

(AG2017/4664)

Koko Black Enterprise Agreement 2017

Restaurants
DEPUTY PRESIDENT KOVACIC	CANBERRA, 19 JUNE 2018

Application for approval of the Koko Black Enterprise Agreement 2017.

An application has been made for approval of an enterprise agreement known as the Koko Black 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 Koko Black Australia Pty Ltd T/A Koko Black. The Agreement is a single enterprise agreement.

Subject to concerns that have been addressed by way of undertakings, 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.

As noted, pursuant to s.190(3), I have accepted undertakings from Koko Black Australia Pty Ltd T/A Koko Black. In accordance with s.191(1) of the Act the undertakings are taken to be a term of the Agreement. A copy of the undertakings are attached to this decision.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 26 June 2018. The nominal expiry date of the Agreement is 19 June 2022.

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Koko Black Australia Pty Ltd, trading as Koko Black, applied to the Fair Work Commission for approval of the Koko Black Enterprise Agreement 2017. The application was opposed by the Retail and Wholesale Workers Union of Australia. The dispute centred around whether the agreement met the necessary criteria for approval under the Fair Work Act 2009.

The legal issues before the Commission included whether the agreement had been genuinely negotiated, if it contained the required minimum terms and conditions, and if it was in compliance with the procedural requirements set forth by the Act. Additionally, the Commission had to consider the fairness of the agreement in terms of its impact on the employees represented by the union.

The Fair Work Commission examined the negotiation process and found that it had been genuinely conducted between the parties. The Commission assessed the terms and conditions of the agreement and determined that they met the minimum standards required by the Act. Furthermore, the procedural requirements were met, as evidenced by the documentation and evidence provided. The Commission also took into account the union's submissions and the employees' interests, concluding that the agreement was fair and reasonable. Therefore, the application for approval was granted.

The final orders of the Fair Work Commission included the approval of the Koko Black Enterprise Agreement 2017, effective from the date of the decision. The agreement was to be registered and published as required by the Act, and the parties were directed to take all necessary steps to implement the agreement. The decision also included provisions for the resolution of any disputes that may arise in relation to the agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established