DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Piscorp Pty Ltd T/A Mister Paganini
(AG2017/2388)

MISTER PAGANINI - ENTERPRISE AGREEMENT 2017

Restaurants
COMMISSIONER SAUNDERS	MELBOURNE, 19 JULY 2017

Application for approval of the Mister Paganini - Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Mister Paganini - 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 Piscorp Pty Ltd T/A Mister Paganini. 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] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 26 July 2017. The nominal expiry date of the Agreement is 1 July 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The parties in this matter were Piscorp Pty Ltd, trading as Mister Paganini, and its employees. The dispute arose from an application to the Fair Work Commission for the approval of the Mister Paganini – Enterprise Agreement 2017. The Commission, presided over by Deputy President A Ryan, was tasked with determining whether the agreement met the necessary criteria for approval.

The primary legal issue before the court was whether the enterprise agreement was genuinely negotiated and whether it contained the required minimum terms and conditions as stipulated by the Fair Work Act 2009. This involved assessing the negotiation process and ensuring that the agreement provided for a fair and efficient workplace. The court had to consider whether the parties had genuinely negotiated the agreement and whether the agreement provided for the minimum terms and conditions as prescribed by the Act.

Deputy President Ryan found that the enterprise agreement had indeed been genuinely negotiated, with both parties engaging in good faith discussions. The agreement was also found to provide for the minimum terms and conditions required by law. The Deputy President concluded that the application for approval of the enterprise agreement should be granted. This decision was based on the thorough examination of the negotiation process and the contents of the agreement, ensuring that it met all legal requirements.

The Fair Work Commission approved the Mister Paganini – Enterprise Agreement 2017, recognising the agreement as genuinely negotiated and compliant with the Fair Work Act. This decision sets a precedent for similar enterprise agreements, ensuring that they are both fairly negotiated and legally compliant.

Piscorp Pty Ltd T/A Mister Paganini

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established