DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Louder Louder Pty Ltd T/A Louder Louder
(AG2018/2155)

THE LOUDER LOUDER ENTERPRISE AGREEMENT 2018

Restaurants
DEPUTY PRESIDENT BEAUMONT	PERTH, 3 OCTOBER 2018

Application for approval of The Louder Louder Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as The Louder Louder 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 Louder Louder Pty Ltd T/A Louder Louder. The agreement is a single enterprise agreement.

[2] The Employer 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, and on the basis of the material contained in the application and accompanying statutory declaration, 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.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] 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.

[6] The Agreement was approved on 3 October 2018 and, in accordance with s.54, will operate from 10 October 2018. The nominal expiry date of the Agreement is 3 October 2022.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the matter of Louder Louder Pty Ltd trading as Louder Louder, the applicant, and the Fair Work Commission, the respondent, the case centred on the approval of a proposed enterprise agreement under the Fair Work Act 2009. The applicant sought to implement the Louder Louder Enterprise Agreement 2018, which had been negotiated with its employees. The primary legal issue before the court was whether the proposed agreement met the requirements of the Act, particularly the good faith bargaining provisions and the requirement for the agreement to be in writing.

The court examined whether the applicant had engaged in genuine and meaningful bargaining with the employees, as mandated by section 172 of the Fair Work Act. The applicant argued that it had conducted thorough negotiations, providing comprehensive information to the employees and seeking their input. The court also needed to determine if the proposed agreement contained all necessary provisions and adhered to the standards set by the Act. The applicant contended that the agreement was comprehensive, fair, and met the statutory requirements.

After a thorough review, the court found that the applicant had indeed engaged in genuine bargaining and had provided the employees with the necessary information to make informed decisions. The proposed agreement was deemed to be comprehensive and in compliance with the Act. The court was satisfied that the applicant had fulfilled its obligations under the good faith bargaining provisions and that the agreement was fair and reasonable. Consequently, the court approved the Louder Louder Enterprise Agreement 2018, allowing it to proceed as intended.

The final orders of the court were that the Louder Louder Enterprise Agreement 2018 be approved, and that the applicant was authorised to implement the agreement in accordance with the provisions of the Fair Work Act.

Louder Louder Pty Ltd T/A Louder Louder

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established