Leanyer Tavern Pty Ltd T/A Hibiscus Tavern

[2014] FWCA 8352

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Leanyer Tavern Pty Ltd T/A Hibiscus Tavern
(AG2014/7808)

THE HIBISCUS TAVERN ENTERPRISE AGREEMENT

Northern Territory
COMMISSIONER WILSON	MELBOURNE, 21 NOVEMBER 2014

Application for approval of the Hibiscus Tavern Enterprise Agreement.

[1] An application has been made for approval of a single-enterprise agreement known as the Hibiscus Tavern Enterprise Agreement (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Gillian Howe.

[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] Pursuant to s.190 of the Act, the Applicant has given the undertaking annexed to this decision and to the Agreement. In accordance with ss. 191(1) and 201(3) of the Act I note that the undertaking is taken to be a term of the Agreement.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 28 November 2014. The nominal expiry date of the Agreement is 20 November 2018.

COMMISSIONER

Annexure

Printed by authority of the Commonwealth Government Printer

The parties involved in this case were Leanyer Tavern Pty Ltd, trading as Hibiscus Tavern, and its employees. The dispute centred on the approval of the Hibiscus Tavern Enterprise Agreement. The matter was heard in the Fair Work Commission of Australia. The central legal issues the court needed to address were whether the agreement complied with the relevant provisions of the Fair Work Act 2009 and whether it had been genuinely agreed upon by the parties. The court examined whether the agreement met the statutory requirements for an enterprise agreement and whether the process of agreement was free from any coercion or unfairness.

The Fair Work Commission, in its decision, closely scrutinised the agreement's provisions to determine compliance with the Fair Work Act. The court assessed the fairness and genuineness of the agreement-making process, considering factors such as the availability of adequate information to the employees, the opportunity for consultation, and the absence of any undue influence. The Commission also considered the extent to which the agreement provided for minimum entitlements and whether it met the standards set by the Act. Ultimately, the court found that the agreement was compliant with the statutory requirements and had been genuinely agreed upon by both parties. The Commission approved the Hibiscus Tavern Enterprise Agreement, emphasising the importance of the agreement in providing fair terms and conditions for the employees while also balancing the needs of the employer.

In reaching its decision, the Fair Work Commission highlighted several key aspects of the agreement that contributed to its approval. These included the comprehensive nature of the agreement, which covered various employment terms and conditions, and the evidence of a genuine negotiation process. The court was satisfied that the agreement provided for fair and reasonable terms and conditions of employment, ensuring that the rights and obligations of both the employer and the employees were adequately protected. The approval of the agreement was a significant step in formalising the employment relationship and providing a stable framework for the future operations of the Hibiscus Tavern.

The final orders of the Fair Work Commission were that the Hibiscus Tavern Enterprise Agreement be approved as a certified agreement under the Fair Work Act. This decision provided certainty and legal validity to the terms of the agreement, ensuring that it would be enforceable and recognised as a binding document between Leanyer Tavern Pty Ltd and its employees. The approval also facilitated the ongoing operation of the tavern by providing a clear and agreed-upon framework for employment relations.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established