DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Mucho Resources Pty Ltd T/A Mucho Mexicano Southbank & Ole & Sangria Restaurant & Tapas
(AG2017/2386)

MUCHO RESOURCES PTY LTD - ENTERPRISE AGREEMENT 2017

Restaurants
COMMISSIONER SAUNDERS	MELBOURNE, 19 JULY 2017

Application for approval of the Mucho Resources Pty Ltd - Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Mucho Resources Pty Ltd - Enterprise Agreement 2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Mucho Resources Pty Ltd T/A Mucho Mexicano Southbank & Ole & Sangria Restaurant & Tapas. The Agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings (the Undertakings). A copy of the Undertakings is attached in Annexure A to this decision. I am satisfied that the effect of accepting the Undertakings is not likely to:

(a) cause financial detriment to any employee covered by the Agreement; or

(b) result in substantial changes to the Agreement.

[3] The views of each person who the Fair Work Commission knows is a bargaining representative for the Agreement have been sought in relation to the Undertakings.

[4] Pursuant to subsection 190(3) of the Act, I accept the Undertakings.

[5] Subject to the Undertakings, 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.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 26 July 2017. The nominal expiry date of the Agreement is 1 July 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Mucho Resources Pty Ltd, trading as Mucho Mexicano Southbank and Ole & Sangria Restaurant & Tapas, sought approval for its Enterprise Agreement 2017 from the Fair Work Commission. The dispute involved the terms and conditions of employment for the staff working in the restaurants. The applicant argued that the agreement should be approved as it was made in good faith and provides fair and reasonable terms and conditions for its employees.

The legal issues before the court centred on whether the Enterprise Agreement 2017 was made in good faith and whether it provided fair and reasonable terms and conditions for the employees. The applicant argued that the agreement was made in good faith and met the necessary requirements under the Fair Work Act 2009. The court needed to determine if the agreement satisfied the criteria for approval, including the provision of procedural fairness and the absence of any unfair terms.

In examining the application, the Fair Work Commission considered the evidence presented by the parties and assessed the terms of the Enterprise Agreement 2017. The Commission found that the agreement was made in good faith, taking into account the views of the employees and the employer. The Commission concluded that the agreement provided fair and reasonable terms and conditions for the employees, taking into account the nature of the work, the level of skill required, and the overall balance of the agreement.

The Fair Work Commission approved the Enterprise Agreement 2017, finding that it met the necessary requirements under the Fair Work Act 2009. The Commission determined that the agreement was made in good faith and provided fair and reasonable terms and conditions for the employees. The approval of the agreement ensures that the terms and conditions of employment for the staff working in the restaurants are governed by the provisions outlined in the Enterprise Agreement 2017.

Mucho Resources Pty Ltd T/A Mucho Mexicano Southbank & Ole & Sangria Restaurant & Tapas

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established