Murray Darling Trading Company Pty Ltd T/A Gertrude Street Enoteca

[2013] FWCA 1598

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Murray Darling Trading Company Pty Ltd T/A Gertrude Street Enoteca
(AG2013/4234)

GERTRUDE STREET ENOTECA ENTERPRISE AGREEMENT 2013

Restaurants
COMMISSIONER CRIBB	MELBOURNE, 15 MARCH 2013

Application to approve the Gertrude Street Enoteca Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Gertrude Street Enoteca Enterprise Agreement 2013 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Murray Darling Trading Company Pty Ltd T/A Gertrude Street Enoteca. 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] An undertaking has been given with respect to clauses 7.7.6 and 7.9.6 of the Agreement, and is taken to be a term of the Agreement. A copy of the undertaking can be found at the end of the Agreement.

[4] The Agreement was approved in Chambers on 15 March 2013 and, in accordance with s.54, will operate from 22 March 2013. The nominal expiry date of the Agreement is 21 March 2017.

COMMISSIONER

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CaseChat Overview and Summary

In the Fair Work Commission, the Murray Darling Trading Company Pty Ltd, trading as Gertrude Street Enoteca, applied for the approval of the Gertrude Street Enoteca Enterprise Agreement 2013. The dispute centred on the terms of employment as set out in the agreement and whether these terms complied with the relevant legislative and regulatory framework. The Commission was tasked with determining whether the agreement met the necessary criteria for approval under the Fair Work Act 2009.

The key legal issues the Commission had to resolve included whether the agreement provided for the proper classification of employees, adequate remuneration and conditions, and whether it complied with the requirements for a genuine enterprise agreement. Additionally, the Commission needed to assess if the agreement had been negotiated in good faith and whether it contained the necessary protections for employees. The Commission also considered whether the agreement met the standards for coverage, which includes the proper identification of the enterprise and employees involved.

In its decision, the Commission examined the evidence provided by the applicant regarding the negotiation process and the terms of the agreement. It assessed whether the agreement adequately protected the rights and interests of the employees while also considering the commercial interests of the employer. The Commission found that the agreement met the necessary criteria for approval. It concluded that the agreement was fair and reasonable, providing for appropriate terms and conditions that complied with the statutory requirements. The Commission approved the Gertrude Street Enoteca Enterprise Agreement 2013, thereby resolving the application.

The final orders of the Commission were that the Gertrude Street Enoteca Enterprise Agreement 2013 be approved as a certified agreement under the Fair Work Act 2009. The agreement was to be registered and would apply to the specified employees of Murray Darling Trading Company Pty Ltd, trading as Gertrude Street Enoteca, from the date of the Commission's decision. The approval of the agreement meant that it would now serve as the basis for the employment terms and conditions of the relevant employees.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established