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

Manana Pty Ltd applied to the Fair Work Commission for approval of the Manana Pty Ltd - Enterprise Agreement 2015. The respondents, represented by the Construction, Forestry, Maritime, Mining and Energy Union, contested the application on various grounds, including procedural irregularities and non-compliance with the Fair Work Act 2009. The matter was heard by the Commission, presided over by Deputy President M. A. Cooper, and addressed the procedural fairness and substantive fairness of the agreement.

The primary legal issues before the court were whether the enterprise agreement was appropriately certified and whether the union's objections to the application for approval were well-founded. The court had to determine if the agreement was made in good faith and if it adhered to the statutory requirements for a valid enterprise agreement. Additionally, the court examined the procedural fairness of the certification process, particularly whether the union's concerns were adequately considered.

In its decision, the court found that the agreement met the statutory criteria for certification. The court held that the union's procedural objections did not sufficiently undermine the overall fairness of the agreement. The Deputy President concluded that the agreement was made in good faith, was not contrary to public policy, and complied with the requirements of the Fair Work Act. The court approved the application for the agreement, emphasising that the procedural irregularities raised did not significantly impact the validity of the agreement.

The Fair Work Commission approved the Manana Pty Ltd - Enterprise Agreement 2015, dismissing the union's objections. The court's decision affirmed the agreement's validity and certified it under the Fair Work Act.

MANANA PTY LTD - ENTERPRISE AGREEMENT 2015

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