DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Omeros Bros Pty Ltd T/A Omeros Bros Seafood Restaurant
(AG2017/4072)

OMEROS BROS EMPLOYEE ENTERPRISE AGREEMENT 2017

Restaurants
COMMISSIONER SAUNDERS	NEWCASTLE, 20 NOVEMBER 2017

Application for approval of the Omeros Bros Employee Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Omeros Bros Employee 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 Omeros Bros Pty Ltd T/A Omeros Bros Seafood Restaurant. 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] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[7] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[8] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 27 November 2017. The nominal expiry date of the Agreement is 19 November 2021.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Omeros Bros Pty Ltd, trading as Omeros Bros Seafood Restaurant, filed an application for the approval of the Omeros Bros Employee Enterprise Agreement 2017 before the Fair Work Commission. The dispute centred on the terms and conditions outlined in the proposed enterprise agreement, including aspects such as employee classification, pay rates, and work arrangements. The Commission was required to determine whether the agreement complied with the Fair Work Act 2009 and other relevant provisions.

The primary legal issues before the Commission involved whether the proposed agreement provided fair and reasonable terms for the employees, including the classification and remuneration of employees, and whether the agreement adhered to the procedural requirements set out in the Fair Work Act. The Commission also had to assess if the agreement met the criteria for being a "single interest" agreement and if the necessary consultation processes had been followed.

The Fair Work Commission examined the evidence and submissions from both Omeros Bros and the employees' representatives. It found that the proposed agreement was fair and reasonable for the employees, taking into account the nature of the business, the complexity of the roles, and the prevailing market conditions. The Commission also confirmed that the agreement met the statutory requirements and complied with the procedural obligations under the Fair Work Act. Consequently, the Commission approved the Omeros Bros Employee Enterprise Agreement 2017.

The Fair Work Commission approved the Omeros Bros Employee Enterprise Agreement 2017, subject to the conditions and provisions outlined in the decision. The approval was contingent on the continued compliance with the Fair Work Act and other relevant legislation. This decision concluded that the agreement was fair and reasonable for the employees and adhered to all statutory requirements.

Omeros Bros Pty Ltd T/A Omeros Bros Seafood Restaurant

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established