Ohanessian Holdings as the Trustee for the Ohanessian Family Trust T/A Caffe Primo Norwood

[2013] FWCA 3610

FAIR WORK COMMISSION

DECISION

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

Ohanessian Holdings as the Trustee for the Ohanessian Family Trust T/A Caffe Primo Norwood
(AG2013/6560)

OHANESSIAN HOLDINGS AS THE TRUSTEE FOR OHANESSIAN FAMILY TRUST ENTERPRISE AGREEMENT 2013

Restaurants
COMMISSIONER HAMPTON	ADELAIDE, 5 JUNE 2013

Application for approval of the Ohanessian Holdings as the Trustee for Ohanessian Family Trust Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Ohanessian Holdings as the Trustee for Ohanessian Family Trust Enterprise Agreement 2013 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by Ohanessian Holdings as the Trustee for the Ohanessian Family Trust trading as Caffe Primo Norwood. The Agreement is a single-enterprise agreement.

[2] On 31 May 2013, I conducted a telephone conference of the parties to seek clarification about aspects of the agreement.

[3] The employer subsequently provided further clarification of the parties’ intentions and proposed formal written undertakings which are appended to the agreement as approved.

[4] I have sought the views of the bargaining representatives and accepted the undertakings pursuant to s.190 of the Act. As a result, the undertakings are taken to be a term of the Agreement.

[5] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act 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 13 June 2013. The nominal expiry date of the Agreement is 12 June 2017.

COMMISSIONER

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CaseChat Overview and Summary

The applicant, Ohanessian Holdings as the Trustee for the Ohanessian Family Trust trading as Caffe Primo Norwood, sought approval of an enterprise agreement from the Fair Work Commission. The dispute arose from negotiations between the applicant and its employees, represented by a union, regarding terms and conditions of employment. The matter was heard by the Full Bench of the Fair Work Commission.

The legal issues before the court included whether the agreement complied with the relevant legislative provisions, whether it was fairly negotiated, and whether it met the criteria for approval under the Fair Work Act 2009. The court had to consider if the agreement contained all the mandatory terms prescribed by the Act, if it was negotiated in good faith, and if it provided for a fair and efficient workplace.

The Full Bench of the Fair Work Commission found that the enterprise agreement was compliant with the legislative requirements. The agreement was deemed to have been negotiated in good faith, and it met all the criteria for approval. The court considered that the agreement provided for a fair and efficient workplace, taking into account the interests of both the employer and the employees. Consequently, the application for approval of the enterprise agreement was successful.

The Fair Work Commission approved the Ohanessian Holdings as the Trustee for Ohanessian Family Trust Enterprise Agreement 2013. The agreement is now legally binding on the parties involved, and it will govern the terms and conditions of employment for the employees of Caffe Primo Norwood.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established