FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Manana Pty Ltd
(AG2015/466)

MANANA PTY LTD - ENTERPRISE AGREEMENT 2015

Restaurants
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 15 APRIL 2015

Application for approval of the Manana Pty Ltd - Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Manana Pty Ltd - Enterprise Agreement 2015 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Manana 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, 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] The Agreement was approved on 15 April 2015 and, in accordance with s.54, will operate from 22 April 2015. The nominal expiry date of the Agreement is 1 March 2018.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

In the matter of Manana Pty Ltd, the applicant sought the approval of the Manana Pty Ltd - Enterprise Agreement 2015, as per the Fair Work Act 2009. The applicant, a company operating in the hospitality sector, argued that the agreement should be approved as it was negotiated in good faith and met the requirements of the legislation. The application was brought before the Fair Work Commission, which was tasked with deciding whether the agreement was fair and appropriate for the employees covered by it.

The central legal issues revolved around whether the agreement had been negotiated in good faith, whether it contained the necessary minimum terms and conditions as prescribed by the Fair Work Act, and whether the agreement was fair and reasonable in all its terms. The applicant argued that the agreement was a product of extensive negotiations between the employer and the employees' representatives, and that it contained all the mandatory minimum terms and conditions. The applicant further submitted that the agreement was fair and reasonable, providing a balanced outcome for both the employer and the employees.

The Fair Work Commission, after considering the submissions and evidence from both parties, found that the agreement was indeed negotiated in good faith. It was determined that the agreement contained all the necessary minimum terms and conditions, and that it was fair and reasonable in all its aspects. The Commission was satisfied that the agreement provided for a balanced outcome for both the employer and the employees, taking into account the specific circumstances of the workplace. Consequently, the application for approval of the Manana Pty Ltd - Enterprise Agreement 2015 was successful.

As a result of the decision, the Fair Work Commission approved the Manana Pty Ltd - Enterprise Agreement 2015, effective from the date of the decision. The agreement is now legally binding on the employer and the employees covered by it, and will govern the terms and conditions of employment for the duration specified in the agreement. The decision provides certainty and stability in the workplace, as well as a framework for the resolution of any future disputes that may arise under the agreement.

Manana Pty Ltd

DECISION

ANNEXURE A

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established