MJ2 Pty Ltd t/as Mango Jam Port Douglas

[2015] FWCA 6452

[2015] FWCA 6452

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s 185 - Application for approval of a single-enterprise agreement

MJ2 Pty Ltd t/as Mango Jam Port Douglas
(AG2015/5391)

MJ2 PTY LTD TRADING AS MANGO JAM ENTERPRISE BARGAINING AGREEMENT 2015

Restaurants
DEPUTY PRESIDENT SAMS	SYDNEY, 29 SEPTEMBER 2015

Application for approval of the MJ2 Pty Ltd trading as Mango Jam Enterprise Bargaining Agreement 2015.

[1] This is an application, pursuant to s 185 of the Fair Work Act 2009 (the ‘Act’), filed by MJ2 Pty Ltd t/as Mango Jam Port Douglas (the ‘applicant’) which seeks the approval of the Fair Work Commission (the ‘Commission’) of a single enterprise agreement to be known as the MJ2 Pty Ltd trading as Mango Jam Enterprise Bargaining Agreement 2015 (the ‘Agreement’). The Agreement is to cover 25 employees who are employed at the applicant’s restaurant in Port Douglas, Queensland.

[2] The employees were last notified of their representational rights on 30 July 2015, and voting for the Agreement’s approval took place between 20 and 23 August 2015. The time limits under s 181(2) of the Act are thereby satisfied. In a secret ballot, all 13 of the employees who cast a valid vote, agreed to approve the Agreement. The application for approval of the Agreement was lodged on 4 September 2015, thereby satisfying s 185(3) of the Act.

[3] In the Employer’s Declaration in support of the application (Form F17) Mr D Robertson, Restaurateur identified the Restaurant Industry Award 2010 [MA000119] as the relevant reference instrument for the purposes of the Better Off Overall Test (the ‘BOOT’). Mr Robertsonsaid that the Agreement does not provide for a number of penalty rates and allowances, but that these have been ‘loaded’ into higher base rates of pay. I am satisfied that the Agreement passes the BOOT. The Agreement provides for the mandatory flexibility and consultation terms at clauses 7.1 and 7.3 respectively, and a disputes resolution procedure at clause 2.4 provides for conciliation by the Commission.

[4] At a hearing of the application on 15 September 2015, Ms P Kitto appeared with Ms G Burnett and Mr G Robertson for the applicant. Ms Kitto outlined the main features of the Agreement and submitted that all of the legislative requirements for approval of the Agreement have been satisfied and the Agreement should be approved by the Commission. She explained that rates of pay are to be increased by 2.5% on 1 August 2016, 1 August 2017 and 1 August 2018.

[5] Having heard the applicant’s submissions and upon reviewing the terms of the preapproval process documentation and the Agreement itself, I am satisfied that all of the requirements of the Act, in particular ss 180, 186, 187 and 188, in so far as relevant to this application, have been met. Accordingly, I approve a single enterprise agreement known as the MJ2 Pty Ltd trading as Mango Jam Enterprise Bargaining Agreement 2015.Pursuant to s 54 of the Act, the Agreement shall operate from 22 September 2015 and have a nominal expiry date of 31 July 2019.

DEPUTY PRESIDENT

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