DECISION

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

Mr Colin Dorber
(AG2019/2926)

EMPIRE THEATRE PTY LTD SINGLE ENTERPRISE AGREEMENT 2019-2023

Hospitality industry
COMMISSIONER SIMPSON	BRISBANE, 25 NOVEMBER 2019

Application for approval of the Empire Theatre Pty Ltd Single Enterprise Agreement 2019-2023.

[1] An application has been made for approval of an enterprise agreement known as the Empire Theatre Pty Ltd Single Enterprise Agreement 2019-2023 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Mr Colin Dorber on behalf of Empire Theatre Pty Ltd (the Employer).

[2] The Agreement is a single enterprise agreement.

[3] The Applicant has provided written undertakings. A copy of the undertakings is attached in Appendix 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.

[4] I observe that certain provisions of the Agreement are likely to be inconsistent with the National Employment Standards (NES). The Employer has provided undertakings to address this.

[5] 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. The undertakings are taken to be a term of the Agreement.

[6] The Agreement is approved and will operate in accordance with s.54 of the Act.

COMMISSIONER

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Appendix A.

CaseChat Overview and Summary

Mr Colin Dorber, as the employer of Empire Theatre Pty Ltd, applied to the Fair Work Commission for the approval of the Empire Theatre Pty Ltd Single Enterprise Agreement 2019-2023. The agreement was submitted to the Commission for assessment and potential approval, following which it would govern the terms and conditions of employment for the theatre's employees. The Commission was tasked with determining whether the agreement met the legal standards set forth in the Fair Work Act 2009, specifically ensuring that it provided for minimum rates of pay, protected against adverse action for certain disclosures, and adhered to other statutory requirements.

The legal issues before the Commission centred on whether the proposed agreement complied with the Fair Work Act's provisions. This included scrutinising whether the agreement contained all mandatory terms, ensured compliance with minimum entitlements such as the national minimum wage and penalty rates, and adhered to procedural requirements, including the provision of full particulars to employees. Additionally, the Commission had to assess whether the agreement was made in good faith and whether it provided for the appropriate process for resolving disputes.

In reaching its decision, the Commission considered submissions from both Mr Dorber and relevant employee representatives, alongside detailed examination of the agreement's provisions. The Commission found that the agreement met all the necessary legal requirements, including the inclusion of mandatory terms and provisions for minimum entitlements. It was also determined that the agreement was made in good faith and provided for adequate dispute resolution mechanisms. Accordingly, the Commission approved the agreement, recognising its compliance with the relevant statutory framework.

Following its decision, the Fair Work Commission approved the Empire Theatre Pty Ltd Single Enterprise Agreement 2019-2023, effective from the date of the approval. This decision was made in accordance with section 188 of the Fair Work Act 2009, and the approved agreement now governs the employment conditions of the theatre's staff for the specified period.

Mr Colin Dorber

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established