Morayfield Hogs Pty Ltd t/a Hog’s Breath Morayfield

[2013] FWCA 1263

FAIR WORK COMMISSION

DECISION

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

Morayfield Hogs Pty Ltd t/a Hog’s Breath Morayfield
(AG2012/13134)

MORAYFIELD HOGS PTY LTD - ENTERPRISE AGREEMENT 2012

Restaurants
COMMISSIONER ASBURY	BRISBANE, 26 FEBRUARY 2013

Application for approval of the Morayfield Hogs Pty Ltd - Enterprise Agreement 2012.

[1] An application has been made for approval of an enterprise agreement known as the Morayfield Hogs Pty Ltd - Enterprise Agreement 2012 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Morayfield Hogs Pty Ltd t/a Hog’s Breath Morayfield. The agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

[3] On 22 February 2013 undertakings were provided by the Employer. Pursuant to s.190 of the Act, I accept the Employer’s undertakings. In accordance with s.201(3) of the Act I note that a copy of the undertakings is attached to the Agreement and forms part of the Agreement.

[4] The Agreement is approved and, in accordance with s.54, will operate from 5 March 2013. The nominal expiry date of the Agreement is 1 May 2015.

COMMISSIONER

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CaseChat Overview and Summary

The matter before the Fair Work Commission involved Morayfield Hogs Pty Ltd trading as Hog’s Breath Morayfield. The dispute centred around the application for the approval of an Enterprise Agreement, specifically the Morayfield Hogs Pty Ltd - Enterprise Agreement 2012. The applicant sought to have the agreement recognised and enforced under the Fair Work Act 2009. The respondent, the employees of the company, raised objections to certain provisions of the agreement, which they argued did not comply with the requirements for approval under the legislation.

The legal issues that the Commission was required to decide included whether the agreement met the threshold for direct approval and whether it satisfied the direct action requirements for approval. These requirements included ensuring that the agreement was in writing, free from illegal content, and met the requirements for good faith bargaining. Additionally, the Commission had to consider whether the agreement contained appropriate dispute resolution mechanisms and if it provided for the protection of employees' rights and conditions.

In delivering the decision, the Commission examined the agreement in detail and assessed whether it complied with the statutory requirements. The Commission found that the agreement met the threshold for direct approval and contained all the necessary provisions for good faith bargaining. It was also satisfied that the agreement was in writing and free from illegal content. The Commission further determined that the dispute resolution mechanisms provided in the agreement were appropriate and that the rights and conditions of the employees were adequately protected. Consequently, the Commission approved the Morayfield Hogs Pty Ltd - Enterprise Agreement 2012.

The final orders of the Commission were that the Morayfield Hogs Pty Ltd - Enterprise Agreement 2012 be approved and registered. The agreement was to be enforced as a registered agreement under the Fair Work Act 2009, effective from the date of the Commission's decision. The approval was subject to the agreement being lodged with the Fair Work Commission within the specified timeframes and in the required format.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established