Pimenopoulous Pty Ltd T/A Gloria Jeans Coffees Fountain Gate

[2018] FWCA 6919

FAIR WORK COMMISSION

decision

Fair Work Act 2009

s.185—Enterprise agreement

Pimenopoulous Pty Ltd T/A Gloria Jeans Coffees Fountain Gate

(AG2018/3025)

Pimenopoulous Pty Ltd Enterprise Agreement 2018

Fast food industry
Deputy President Colman	MELBOURNE, 13 NOVEMBER 2018

Application for approval of the Pimenopoulos Pty Ltd 2018 Enterprise Agreement..

An application has been made for approval of an enterprise agreement known as the Pimenopoulos Pty Ltd 2018 Enterprise Agreement. (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Pimenopoulous Pty Ltd T/A Gloria Jeans Coffees Fountain Gate. The agreement is a single enterprise agreement.

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.

Subject to the undertakings referred to above, and on the basis of the material contained in the application and accompanying statutory declaration, 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.

The Agreement was approved on 13 November 2018 and, in accordance with s.54, will operate from 20 November 2018. The nominal expiry date of the Agreement is 13 November 2022.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Pimenopoulos Pty Ltd, trading as Gloria Jeans Coffees Fountain Gate, sought approval of their 2018 Enterprise Agreement. The application was heard by the Fair Work Commission, which is tasked with overseeing and approving enterprise agreements under Australian labour law. The dispute involved the terms and conditions of employment for workers within the company, as well as the agreement's compliance with the Fair Work Act 2009.

The primary legal issues before the Commission were whether the 2018 Enterprise Agreement was made in accordance with the statutory requirements and whether it complied with the provisions of the Fair Work Act. Specifically, the Commission needed to determine if the agreement provided for fair and reasonable terms of employment, if it was made without any improper conduct, and if it met the procedural requirements for approval.

The Fair Work Commission found that the 2018 Enterprise Agreement was made in compliance with the statutory requirements. The Commission noted that the agreement was negotiated in good faith and that there was no evidence of any improper conduct. Furthermore, the Commission held that the agreement contained terms that were fair and reasonable, and it met the procedural requirements for approval under the Fair Work Act. Consequently, the Commission approved the 2018 Enterprise Agreement.

The Fair Work Commission approved the Pimenopoulos Pty Ltd 2018 Enterprise Agreement, confirming its compliance with the statutory requirements and its fairness and reasonableness in terms of employment conditions. This decision allows the agreement to be implemented and enforced, providing clarity and certainty for both the employer and employees involved.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established