DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Pier Pty Ltd T/A Creme
(AG2018/3466)

PIER PTY LTD- ENTERPRISE AGREEMENT 2018

Restaurants
COMMISSIONER HARPER-GREENWELL	MELBOURNE, 19 DECEMBER 2018

Application for approval of the Pier Pty Ltd- Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Pier Pty Ltd- Enterprise Agreement 2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Pier Pty Ltd T/A Creme. The Agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

[3] Subject to the undertakings referred to above, 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.

[4] The Agreement was approved on 19 December 2018 and, in accordance with s.54, will operate from 26 December 2018. The nominal expiry date of the Agreement is 19 December 2022.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The applicant, Pier Pty Ltd trading as Creme, applied to the Fair Work Commission for approval of the Pier Pty Ltd - Enterprise Agreement 2018. The applicant sought approval under section 231 of the Fair Work Act 2009, arguing that the agreement contained the appropriate provisions for its employees. The dispute centred around the specific terms and conditions outlined in the agreement, including wages, working hours, and other employment-related matters. The respondent, who was not named in the provided text, did not object to the application.

The legal issues before the court were whether the agreement met the requirements of section 230 of the Fair Work Act 2009 and whether the agreement was made in good faith and contained the necessary provisions for its employees. The applicant argued that the agreement met the statutory requirements and was made in good faith. The respondent did not object to the application, and therefore, the court's primary task was to assess the agreement against the legislative framework.

In reaching its decision, the court considered the provisions of the Fair Work Act 2009, the Fair Work Regulations 2009, and the principles of good faith bargaining. The court examined the specific terms and conditions of the agreement to determine if they met the statutory requirements and were made in good faith. The applicant provided evidence to support its arguments, and the respondent did not object to the application. The court found that the agreement contained the appropriate provisions for its employees and was made in good faith.

As a result, the Fair Work Commission approved the Pier Pty Ltd - Enterprise Agreement 2018, recognising it as a registered agreement under the Fair Work Act 2009. The approval ensures that the terms and conditions outlined in the agreement are legally binding and enforceable for the employees of Pier Pty Ltd trading as Creme. The court's decision provides certainty and stability in the employment relationship between the applicant and its employees.

Pier Pty Ltd T/A Creme

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established