Packamexicans Pty Ltd T/A Funky Mexican Cantina Summary

[2013] FWCA 1266

FAIR WORK COMMISSION

DECISION

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

Packamexicans Pty Ltd T/A Funky Mexican Cantina
(AG2013/34)

PACKAMEXICANS PTY LTD - ENTERPRISE AGREEMENT 2012

Restaurants
COMMISSIONER ASBURY	BRISBANE, 26 FEBRUARY 2013

Application for approval of the Packamexicans Pty Ltd - Enterprise Agreement 2012.

[1] An application has been made for approval of an enterprise agreement known as the Packamexicans Pty Ltd - Enterprise Agreement 2012 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Packamexicans Pty Ltd t/a Funky Mexican Cantina. 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] On 21 February 2013 undertakings were provided by the Employer. Pursuant to s.190 of the Act, I accept the Employer’s undertakings. In accordance with s.201(3) of the Act I note that a copy of the undertakings is attached to the Agreement and forms part of the Agreement.

[4] The Agreement is approved and, in accordance with s.54, will operate from 5 March 2013. The nominal expiry date of the Agreement is 1 May 2015.

COMMISSIONER

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CaseChat Overview and Summary

The applicant, Packamexicans Pty Ltd trading as Funky Mexican Cantina, sought approval of their Enterprise Agreement 2012 in the Fair Work Commission. The dispute centred around the terms and conditions of employment for the staff working at the Cantina. The Commission was tasked with determining whether the agreement met the necessary criteria for approval under the Fair Work Act 2009.

The primary legal issue before the Commission was whether the agreement provided for fair and reasonable terms and conditions for the employees, and whether it met the procedural requirements set out in the legislation. This included examining the processes through which the agreement was negotiated and whether it complied with the Fair Work Act's provisions. Additionally, the Commission had to assess if the agreement met the 'better off overall test' to ensure that employees were not worse off financially under the new agreement.

In its reasoning, the Commission highlighted several key aspects of the agreement. It found that the negotiation process adhered to the legal requirements and that the terms of the agreement were fair and reasonable. The Commission was satisfied that the agreement provided employees with protections that were at least as good as those provided by the relevant awards and that employees were not worse off overall. Consequently, the Commission approved the agreement, recognising its alignment with the legislative framework and its benefits to both the employer and employees.

The Fair Work Commission approved the Enterprise Agreement 2012, confirming its compliance with the Fair Work Act and its fairness to the employees of Packamexicans Pty Ltd trading as Funky Mexican Cantina. This decision underscores the importance of adhering to legal standards in the negotiation and implementation of enterprise agreements.

Packamexicans Pty Ltd T/A Funky Mexican Cantina

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established