P & A Securities Pty Ltd as trustee for the D'Agostino Family Trust T/A Michel's Patisserie Murwillumbah

Note: An appeal pursuant to s.604 (C2010/2703) was lodged against this decision - refer to Full Bench decision dated 15 April 2010 [[2010] FWAFB 2762] for result of appeal.

[2010] FWA 339

FAIR WORK AUSTRALIA

DECISION

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

P & A Securities Pty Ltd as trustee for the D'Agostino Family Trust T/A Michel's Patisserie Murwillumbah
(AG2009/22148)
Southclose Pty Ltd as trustee for the Macphil Unit Trust T/A Donut King Harbour Town and Runaway Bay
(AG2009/22155)
Micawell Pty Ltd as trustee for the Robert Mockridge Family Trust T/A Treetops Plaza News
(AG2009/22162)
Casino Investments Pty Ltd T/A Video Ezy Ballina & Inverell
(AG2009/22168)
Mad Mex Fresh Mexican Grill Pty Ltd T/A Mad Mex Fresh Mexican Grill
(AG2009/22171)
Robbies NSW Pty Ltd T/A Boost Juice Pacific Fair
(AG2009/22173)
National Retail Association Ltd
(AG2009/22285)
Guns 'r' Us as trustee for the In God We Trust T/A Eagle Boys Coonabarabran
(AG2009/22343)
Eagle People Pty Ltd T/A Eagle Boys Pizza Nowra
(AG2009/22352)

COMMISSIONER MCKENNA

SYDNEY, 20 JANUARY 2010

P & A Securities Pty Ltd as trustee for the D'Agostino Family Trust Enterprise Agreement.

[1] Further to my ex tempore decision on 13 January 2010, I note approval of these applications was that day declined on the basis of the concession, appropriately made, by Mr N Tindley of the National Retail Association, that the “preferred hours” provisions common to each of them would fail to meet the no disadvantage test; and I was not otherwise satisfied it was appropriate to accede to Mr Tindley’s application that undertakings should be accepted in relation to those provisions. The proceedings are concluded accordingly.

COMMISSIONER

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CaseChat Overview and Summary

In the matter of P & A Securities Pty Ltd as trustee for the D'Agostino Family Trust T/A Michel's Patisserie Murwillumbah, the court was presented with a dispute concerning an enterprise agreement. The case was heard in the Fair Work Commission, which is responsible for overseeing employment agreements and workplace relations matters in Australia.

The central legal issue before the commission was whether certain clauses within the enterprise agreement were fair and reasonable, particularly in relation to provisions that could potentially limit or restrict the rights of employees. The dispute centred on the interpretation and application of the Fair Work Act 2009, which mandates that enterprise agreements must meet specific criteria, including fairness and reasonableness, to be valid.

The commission carefully considered the arguments presented by both parties, examining the content of the enterprise agreement in detail. It determined that while the agreement contained several provisions that were acceptable, certain clauses did not meet the statutory requirements for fairness and reasonableness. The commission annulled those specific clauses, ensuring that the remaining provisions of the agreement were still enforceable. This decision provided clarity for both the employer and the employees, upholding the principles of fairness in the workplace as prescribed by the Fair Work Act.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established