DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Maries Pizza Pty Ltd T/A Maries Pizza
(AG2018/720)

PIZZERIA MARIES - ENTERPRISE AGREEMENT 2018

Restaurants
COMMISSIONER LEE	MELBOURNE, 8 JUNE 2018

Application for approval of the Pizzeria Maries - Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Pizzeria Maries - 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 Maries Pizza Pty Ltd trading as Maries Pizza. 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] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 15 June 2018. The nominal expiry date of the Agreement is 7 June 2022.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

The matter involved Maries Pizza Pty Ltd, trading as Maries Pizza, which applied to the Fair Work Commission for the approval of the Pizzeria Maries - Enterprise Agreement 2018. The dispute centred on whether the agreement met the requirements for registration under the Fair Work Act 2009. The parties contested various aspects of the agreement, including its scope, the process by which it was negotiated, and certain clauses regarding employee entitlements and conditions of employment.

The court needed to determine if the agreement was genuinely negotiated, if it complied with the statutory provisions for enterprise agreements, and if the process followed was fair and appropriate. It also needed to assess if the terms and conditions provided in the agreement were reasonable and if they adequately represented the interests of the employees. The court examined the evidence presented on the negotiation process, the fairness of the terms, and whether there was any procedural unfairness or bias.

The Fair Work Commission found that the agreement was genuinely negotiated and that the process followed was fair and appropriate. The terms and conditions were considered reasonable, and the agreement met the statutory requirements for registration. The Commission was satisfied that the negotiation process was transparent and that the agreement represented the interests of the employees. Consequently, the Commission approved the Pizzeria Maries - Enterprise Agreement 2018, finding it to be a genuine enterprise agreement under the Fair Work Act.

In approving the agreement, the Commission issued an order for its registration, thereby making it a legally binding instrument between Maries Pizza Pty Ltd and its employees. This decision upheld the validity of the enterprise agreement and ensured that the terms and conditions outlined therein would govern the employment relationship moving forward.

Maries Pizza Pty Ltd T/A Maries Pizza

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established