DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Lakeside Banquet and Convention Centre Pty Ltd
(AG2018/602)

LAKESIDE BANQUET AND CONVENTION CENTRE ENTERPRISE AGREEMENT 2018

Restaurants
COMMISSIONER WILSON	MELBOURNE, 29 JUNE 2018

Application for approval of the Lakeside Banquet and Convention Centre Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Lakeside Banquet and Convention Centre Enterprise Agreement 2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Lakeside Banquet and Convention Centre Pty Ltd. The Agreement is a single enterprise agreement.

[2] The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

[3] Subject to the undertakings referred to above, 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.

[4] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 6 July 2018. The nominal expiry date of the Agreement is 28 June 2022.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case involves Lakeside Banquet and Convention Centre Pty Ltd, which sought approval for the Lakeside Banquet and Convention Centre Enterprise Agreement 2018. The application was brought before the Fair Work Commission, which was tasked with determining whether the agreement met the legal standards for approval under the Fair Work Act 2009.

The primary legal issues before the Commission were whether the agreement complied with the requirements of section 230 of the Act, particularly in relation to the protection of employees' rights and interests. This included ensuring that the agreement did not adversely affect employees' conditions of employment and that it was made in good faith. Additionally, the Commission had to consider whether the agreement was appropriately negotiated and whether the process followed was fair and reasonable.

The Commission examined the negotiation process and found that it was conducted in good faith. The agreement was deemed to protect the employees' rights and interests, and there were no provisions that would unacceptably detract from employees' conditions of employment. The Commission also considered the procedural fairness of the agreement, finding that the process was fair and reasonable. Based on these findings, the Commission approved the agreement, recognising its compliance with the statutory requirements.

The Fair Work Commission granted approval for the Lakeside Banquet and Convention Centre Enterprise Agreement 2018, confirming that it met all necessary legal standards and protections for employees under the Fair Work Act 2009.

Lakeside Banquet and Convention Centre Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established